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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19779
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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Is it legal to work 2 full time jobs on W2 simultaneously

Resolved Question:

Is it legal to work 2 full time jobs on W2 simultaneously? Of course if it's not overlapped hours (1-st and second shift for example) Or it's always should be one W2 and one 1099?
Submitted: 6 years ago.
Category: Employment Law
Expert:  Marsha411JD replied 6 years ago.
Hello,

If a worker is actually an employee than the employer can put all of their wages on one W-2 despite the fact that they have two separate sets of duties and schedules. A 1099 is only issued to someone who is not considered an employee under IRS regulations.
Customer: replied 6 years ago.
Your answer is not clear. Can I work on 2 full time jobs on W2 simultaneously or not ? Is it legal to get 2 W2 from two different employers same time ?
Expert:  Marsha411JD replied 6 years ago.
I'm sorry you didn't understand my response and as it turns out your question is now completely different from your original question. Since you are now saying that there are two different employers, then the answer is no. You must receive a separate W-2 from every employer you have.
Customer: replied 6 years ago.
it's obviously you can't be full time employee twice for the same employer - it's 1 full time with overtime. But when you work one full time on W-2 and doing consulting for another company (or even couple) you have choice - work W-2 or 1099. Many companies doesn't offer 1099 as choice or you don't wanna prepare taxes by yourself 4 times per year for 1099. That's why I ask - is it legal to be full time employee same time for 2 different employers and getting 2 separate W-2
Expert:  Marsha411JD replied 6 years ago.
I apologize since I really didn't intend to upset you. There is a legal distinction about your last statement that was not entirely accurate, but it also really isn't necessary to discuss in terms of the issue at hand. If you work for two separate employers, you must receive two separate tax statements. If you are an actual employee as defined by the Internal Revenue Code, and not the choice of the employer, then the employer must issue a W-2. If, on the other hand, you are an IC as defined by the IRC, you must receive a 1099. In any event, there would be a different tax record since each employer has their own EIN or tax identification number.

Just as an aside, if you would like to see how to determine if an employer has correctly identified you as an IC versus an employee, you can see that discussion in depth at: http://www.irs.gov/businesses/small/article/0,,id=99921,00.html It is not an option that the employer has, but instead a rule of law that they must follow depending on several factors related to the working relationship.
Customer: replied 6 years ago.
Relist: Inaccurate answer.
Answer is not clear - I didn't get simple answer - YES or NO - just general explanation who is employer and who is employee
Expert:  Marsha411JD replied 6 years ago.
I did give you a yes or a no answer as well as in depth assistance with your issue concerning being an employee versus an IC. In any event, I am going to OPT OUT and perhaps another Expert will assist you.
Customer: replied 6 years ago.
ok - let's try last time.
Let's say I work full time on W-2 for Employer1 first shift (7AM-3PM)
Can I accept offer from Employer 2 to work full time second shift (4PM-12AM) on W2 ?
Or second job should be 1099 only ?
Expert:  Marsha411JD replied 6 years ago.
Yes, you can accept employment from Employer 2 as a W-2 employee. There is nothing in tax laws or labor laws that prohibit you from having two full time jobs and two different sets of W-2's. In fact, many people, especially these days are in your same situation.

The point I was trying to make about being a W-2 employee versus an IC, is that this is not an option an employer has. If you are performing the functions of an employee, just like their other employees, then you must receive a W-2 and the coverage (WC, unemployment, etc) that their other employees do.
Marsha411JD and 3 other Employment Law Specialists are ready to help you
Customer: replied 6 years ago.
Thank you - that's what I need to know
Expert:  Marsha411JD replied 6 years ago.
You're welcome and best of luck to you.