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A person I know has been working for a trucking company in

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A person I know has been working for a trucking company in AZ for the last 1 1/2 years. This past September he had a medical emergency on the job. For the year ending in "2012" he did not received a W-2 or a 1099 (he has never received anything regarding taxes). He just found out this week that apparently he is a W-9, which makes him an indepentant contractor/driver. He does not own a truck, he uses their truck (he does not lease it) and when it breaks down the company pays for it. The company tells him where he needs to go to pick-up a delivery and where it needs to go and how quickly it needs to be there by. He cannot turn down a job. He does what he is told.
What kind of legal action can he take if any? He is not an indepentant contractor/driver, he is a company driver.
Submitted: 11 months ago.
Category: California Employment Law
Expert:  PaulmoJD replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

This seems to be that he is misclassified as an independent contractor and as such the US Department of Labor has to get involved and conduct an investigation into the matter and make the official determination. If the US DOL makes the determination, based on your description they should, that he was an employee, the employer will be fined and they will have to pay your friend any hours and overtime hours if applicable that they have failed to pay him and could owe him up to three times the amount due plus his attorney's fees if he ends up needing an attorney.

Your friend needs to make a complaint to the US Department of Labor Wage and Hour Division and they will take the investigation from there and will advise him if they will seek his compensation or if he needs to go to court.



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