California Employment Law
California Employment Law Questions Answered by Legal Experts
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Just because a company sends you a 1099 does not mean that you are not an employee. If you are in fact an employee, then you would be owed the waiting time penalty. If you are in fact an independent contractor then you would not be owed the waiting time penalty.
To determine if you are an independent contractor, go to the following two sites set up by the state of California to determine if your job duties are that of an employee or an independent contractor
If you are in fact a 1099 independent contractor, the waiting time penalty would not apply. This can be directly found here:
It states : "The penalty does not apply to independent contractors or volunteers, as they are not employees."
After you have taken the test from the websites I first sent you, if you feel that you are in fact an employee (because they have actual control over your job) then you would file a wage claim here
They will make sure you get paid, and get your waiting time penalty (and ultimately cause the company a number of very expensive fines for miscategorizing you)
The basic test to determine if you are independent contractor looks at:
However, as there are no set rules and every case is looked at in a case by case basis, the best thing you can do is look at the sites directly to make your determination, or ask me questions about your job, and I can best assist you.
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