How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask socrateaser Your Own Question

socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 34099
Experience:  Retired (mostly)
10097515
Type Your California Employment Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

Im a 1099 recruiter w/ 13+ yrs of experience (w/my own company)

Customer Question

I'm a 1099 recruiter w/ 13+ yrs of experience (w/my own company) with a client for a little over 1 yr (they have given me laptop, desk, phone and comp nay email, etc)and there has been some change in lower management chain and now this first time manager is creating co-employment issues (I believe) by doing the following
-demanding that I come on site everyday (40mile drive and no reimbursement)
-regulate my hours (we agreed to a 40hr week and hourly rate over 1yr ago)
-they have asked me to work late and that they haven't been paying me for my time over 40hrs
-trying to regulate my hours (asking what are the exact hours I work and how many hours a day do I work)
-demanding that I work 8 hours mon-fri and within certain the hours that this first tome manager thinks are correct
-when I come come on site this person is asking me what time did I leave and i need to check in before I leave and get permission before I take time off.
-has deliberately held up my invoices (invoices are non-itemized per the agreement) for 2 weeks (that have an 10 payable per the agreement) because she wants to what time a clock in and out.

The client groups that I support are very happy w/ my work and in fact I won an award from them a few weeks ago. The VP of HR let's this go bad behavior go on.

I have emails to prove and tomorrow I need to speak w/ this junior manager about my late invoices and she wants to speak about my hours (how many, when, what times, etc) and before I do I have a few questions as follows:
1. what can I do to address the hours issue this person will bring up?
2. is this a co-employment issue?
3. do I have rights and what are they?
4. can they state in a contract that I have to be onsite everyday...even as independent contractor regulate my hours, cap my hours (and ask for more hours and not pay for them)?

Thank you in advance.
--Troubled 1099
Submitted: 2 years ago.
Category: California Employment Law
Expert:  socrateaser replied 2 years ago.
1. what can I do to address the hours issue this person will bring up?

A: You can say something like: It seems to me that you intend to exercise control over the manner and method by which I perform my work. That's fine, if that's what you want, but if so, then I expect to be compensated as an employee, which would include payroll tax remittance (FICA, unemployment, workers compensation, SDI, health care, retirement, etc.). If you insist on my working as if I were an employee, and you don't pay my employment benefits, then I'll have to file a DE 230 with the California Employment Development Department and an SS-8 with the IRS. I believe that would probably create some fairly substantial financial liability for your organization. But, it's your choice, so just let me know what you prefer.

2. is this a co-employment issue?

A: I am unaware of the term "co-employment." The legal term, as far as I'm aware, is "misclassified employee" -- and, "yes," it's an issue that could cost the putative employer a small fortune if you were to report the relationship to the EDD and IRS.

3. do I have rights and what are they?

A: See Form DE 230, and SS-8. California law is extremely hostile to the independent contractor relationship. In almost every case, personal service agreements which are claimed to be independent contractor end up being employment, if the worker complains to the government. The penalties for misclassifying an employee are huge. Between Uncle Sam and the State of California, penalties for one misclassification can amount to over $100,000 for each tax year during which a misclassification occurs! BotXXXXX XXXXXne, there is very little risk to the employee, and very substantial risk for the employer.

4. can they state in a contract that I have to be onsite everyday...even as independent contractor regulate my hours, cap my hours (and ask for more hours and not pay for them)?

A: They can state whatever they want. But, if they cross the line and start controlling you as if you are en employee, then the government and the courts will declare that you are an employee, and the result will be the employer's worst nightmare.

Hope this helps.

NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation.

If you need to contact me again, please put my user id at the beginning of your question ("ToCustomer), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    857
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    332
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3511
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.