How do I know if I’m an employee or an independent contractor?
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How do I know if I’m an employee or an independent contractor?
I work for a taxi/transportation company. We work 4 days a week, 12 hour shifts and are under direction on where to go and where to station at. We recieve 40% of the total fares for the night plus our tips. We drive the
company vehicle and do not pay a lease the vehicle from the company. Some nights after a 12 hour shift we have done maybe 100 in rides. So we receive 40% of that for 12 hours of work. We are on payroll and all taxes are withheld. We recieve a W2 not a 1099.
Asked on February 6, 2019 under Employment Labor Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The following facts are indicative of being an employee and not an independent contractor: receiving a W2 and not a 1099, and having taxes withheld.
You can ask your employer to confirm that you are an employee, but based on the above,it would appear that you are an employee.
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