Q: Am I misclassified as a 1099 or should be W-2 with overtime?
I'm a personal trainer from New Jersey earning a $110,000 salary while working 75-80 hours a week with no overtime pay. I'm classified as an independent contractor, yet I use the facility's space and equipment, and I have no control over my schedule, marketing, or structure. I am required to wear a uniform, and the facility dictates the branding. Additionally, clients schedule themselves through Vagaro, which affects my workload. I do not receive compensation for signing up new clients. Am I being misclassified as a 1099 independent contractor, or should I be classified as a W-2 employee and be entitled to overtime?
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A: You should be classified as a W2 employee and sue for your back unpaid overtime pay. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.
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