True independent contractors are exempt, but be aware that New York law has strict requirements about who is correctly classified as an independent contractor. If you consistently work for one employer, have a set schedule, do not run and operate your own business, are told how and when to work by a supervisor, and your work is part of the services offered by the company, then you are probably not an independent contractor.
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About the Author: Brent E. Pelton
Brent Pelton focuses on representing employees alleging violations of the Fair Labor Standards Act (“FLSA”) and its state law counterparts, employees who have been subject to sexual harassment and other forms of workplace discrimination. Mr. Pelton has served as lead counsel or co-lead counsel on FLSA collective actions and other class actions against some of the largest companies in the country, representing dozens or hundreds of individual employees in each case.