What do I do when the company I have worked for has been practicing illegal employment practices?

I am considered a 1099 contractor but have been treated and expected to
perform my work duties as a W2 employee with a set schedule, dictated pay,
required to wear company apparel, and also on occasion work for free.

I would like retribution on this matter and don’t know where or how to go about
getting it.

Asked on May 31, 2016 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Based on what you write--the set schedule and overall degree of control that is exercised over you--you may be an employee, as you evidently suspect; if you are, they have to pay you overtime as applicable; pay you for all hours/time worked; pay the employer share of Medicare, Social Security, etc; and may owe you benefits. The best way to begin looking into whether they do owe you these things and, if so, get them is to contact your state department of labor and file a complaint based on improper classification: the dept. of labor can often help employees incorrectly classified and treated as contractors. Good luck.

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