Q: What are my options if my employer switched me from a payroll employee to a 1099 but I still do the same work
I started working for this place half a year ago and I was being paid while on a payroll but then my payments Started coming in late and then my employer talked to me and want discussed on switching me to a 1099 and even thought I am 30 I have no clue into what all this means so I agreed but now that I am reading and learning about all these topics I am starting to suspect my employer of some shady things
A:
Employers often misclassify workers as independent contractors in order to avoid compliance with labor laws, including minimum wage, and overtime laws. It is much cheaper for employers to classify their employees as independent contractors. When your employer changes your status from employee to independent contractor, that can be a red flag suggesting that you are being misclassified.
Whether a worker is misclassified as an independent contractor can be a complicated question. It depends on the worker's job responsibilities and independence in performing their work. An employment lawyer could be able to tell you if there you are likely being misclassified. Many employment lawyers offer free consultations on independent contractor misclassification issues.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
