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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.