Q: Is a 1099 worker entitled to mileage reimbursement? If the pays increased for reimbursement, doesnt it need to be list

A: An independent contractor's income is reported to the IRS using a 1099 form. An employee's income is reported using a W-2. That means you have been characterized as an IC.

Whether you are properly classified as an IC is not something the employer gets to decide. It is determined by applying a test to the facts and circumstances of your job.

A properly classified IC does not have a legal right to reimbursement of expenses unless the contract between the parties provides for such.

An employee has a legal right to be reimbursed for any expenses incurred by the employee for the benefit of the employer.

If you are determined to be an employee you can reach back several years to get unpaid reimbursements. It would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Good luck to you.

A: The first question is whether you are really an employee or an independent contractor. Labor Code 2275 provides that: "a person providing labor or services for remuneration shall be considered an employee rather than an independent contractor unless the hiring entity demonstrates that all of the following conditions are satisfied:

(A) The person is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact.

(B) The person performs work that is outside the usual course of the hiring entity’s business.

(C) The person is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed."

If you were misclassified, you may have a right to mileage reimbursement and penalties.