Am I an employee or Independent Contractor?

I work for a local taxi company.
I have a set schedule of 5pm to 5am, 4 days a
week. I dont lease the car from the company. I
show up and drive where the dispatch tells me
to drive. The company pay all costs related to
the car, fuel, etc.. I keep 40 of the total
fares plus 100 of my tips. Some nights I will
work for 12 hours and do a total of 30 or 40
in rides. In which i only get 40 of. Company
does payroll And my checks already have taxes
withheld. Am I supposed to be getting paid an
minimum hourly wage?

Asked on December 28, 2018 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Based on what you write, you are an employee. Employees have their hours, locations, etc. for work managed by their employers; their employers tell them what to do and how to do it; and their employers provide most or all their equipment. The lack the "independence" that independent contractors have.
If you are, as it appears to be, an employee, then you must be paid at least the equivalent of minimum wage--whether through wages, tips, or a combination. If your average total hourly pay is less than you state minimum, contact your state's department of labor about filing a complaint.


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