What can I do if I’m an independent contractor however my employer treats me like an employee?

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What can I do if I’m an independent contractor however my employer treats me like an employee?

I’m required to take off 2 days a week and I have a set schedule set by the business. Additionally, I’m required to give 30-days notice for any time off.

Asked on July 7, 2015 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you think that you you should be getting W2 income (employee) instead of 1099 income (independent contractor), then you can file a complaint with your state's department of labor.

However, you should know that IRS has guidelines to help determine if someone is or isn't a W2 employee. If you may be a W2 employee if you can answer yes to any 1 or more of the following:

Behavioral Control - Does your employer direct you on how, when or where to perform your work duties?

Financial Control - Does your employer pay the expenses (including reimbursements) of the work you perform?

Benefits Provided - Does your employer provide any benefits to you (i.e. PTO retirement plan, etc.)?

If you are still having unclear as to your staus, you can consult directly with an employment law attorney or contact your state's department of labor.


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