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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 32721
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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Hi, I am a Controller for three companies owned by the same

Resolved Question:

Hi, I am a Controller for three companies owned by the same partnership. I am paid partially as an employee from one of these companies to receive health insurance and am 1099'd for the rest of my income. I have worked for these same companies for a little over 13 years and I would like to file for maternity leave. I know I should not have a problem with the company that has been paying me as an employee but is it possible to get this from companies who pay me as a 1099 contractor? I am treated as an employee and do not work for anyone else.
Submitted: 3 years ago.
Category: California Employment Law
Expert:  Tina replied 3 years ago.
Thank you for contacting Justanswer.com.

This situation appears to be illegal since if you are treated as an employee, you should typically be paid all of your earnings in wages and not through a 1099 which indicates you are an independent contractor.

To resolve this, it is normally best to file a complaint with the labor board to investigate and have you properly classified. Here is a link to their website:

http://www.dir.ca.gov/dlse/howtofilewageclaim.htm

If the employer has at least 50 employees, you would typically be entitled to protected leave under state and federal law if you are properly classified as an employee and have worked for the employer at least 1,250 hours in the last calendar year.

If the employer is not willing to recognize your right to receive such leave, then it is typically best to retain a local employment law attorney to aid in enforcing your right to leave.

Good luck and take care.

Tina

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Tina, Attorney
Satisfied Customers: 32721
Experience: JD, 17 years experience & recognized by ABA for excellence in employment law.
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Tina
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JD, 17 years experience & recognized by ABA for excellence in employment law.