San Antonio, TX asked in Employment Law and Business Law for Texas

Q: Should Valet Trash Porters be considered W2 employees or 1099 Contractors? I've seen both in the industry.

Valet Trash Porter - A person that goes door to door to pick up the trash for the residents at a condominium or an apartment complex.

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1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: It depends.

A 1099 independent contractor controls the manner, means, methods, and details of their work and is generally compensated based on an agreed price for the task to be performed. That means they are paid the same for the result without regard to how long it may take, but they generally have discretion to set their own hours and complete the given task how they see fit.

An employee on the other hand is usually paid a wage based upon a unit of time and their employer dictates the manner, means, methods, and details how to perform their assigned job duties.

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