Am I an employee or independent contractor?
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Am I an employee or independent contractor?
I’m on a time clock, have gotten “in trouble” for being late, yet get a 1099 rather than a standard W-2 form. . My paychecks are my gross pay with no taxes paid or anything deducted & never include a pay stub. He does not pay over time when we work over time either. I feel like it should be one way or the other. I ‘m either a contractor on a salary (1099) or an employee who punches a clock (W-2, W-4) am I right?
Asked on July 29, 2012 under Employment Labor Law, California
Answers:
Cameron Norris, Esq. / Law Office of Gary W. Norris
Answered 12 years ago | Contributor
There is no hard and fast rule for when you are an independent contractor or an employee, but punching a time clock and getting in trouble for being late sound an awful lot like an employer/employee relationship and not an independent contractor. The cheapest and easiest way to get things changed is to contact the local labor commissioner. The other way to go is to sue in civil court yourself. You would be able to sue for unpaid wages, employment benefits, unpaid taxes, etc. going back up to 4 years.
If you are in the Ventura County area, feel free to contact me.
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