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    Know Your Rights

    What your boss, GC or client can and can't make you do.

    Most US workers are employed at will, which means you can be let go for almost any reason, or none. But at-will is not the same as no rights. Overtime, minimum wage, safety and freedom from discrimination are federal floors that apply no matter what the contract says, and misclassifying you as a 1099 to dodge them is against the law. Here is where the line actually sits.

    At-will, firing and final pay

    At-will cuts both ways, but there are limits: an employer still cannot fire you for a reason the law protects. Montana is the only state that is not at-will.

    Overtime and minimum wage

    The FLSA sets a federal floor of $7.25 an hour and time-and-a-half over 40 hours in a week. Many states set higher. Manual trade work rarely qualifies for the salary exemption.

    Prevailing wage and public work

    On federal jobs over $2,000, Davis-Bacon requires you to be paid the local prevailing wage, with certified payroll filed weekly.

    Employee or contractor?

    Being handed a 1099 does not make you self-employed. The IRS and the Department of Labor look at control and independence, not the label on the check.

    Your rights, whatever your status

    Wage and safety law protects you regardless of immigration status, and the Department of Labor does not share your status when you report wage theft.