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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41221
Experience:  I provide employment and discrimination law advice in my own practice.
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My daughter who is 18 has just gone to work at a dress store

Customer Question

My daughter who is 18 has just gone to work at a dress store by the mall. They are paying her only $3 an hour for her first 40 hours of training and then are making her a 1099 employee. They set her schedule, train her on how to work with customers, how to run the ring up customers, etc...is this legal?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

There is nothing illegal about paying less for training. Training, legally, can be completely free since the employer can justify that as the person is not helping the company, they are not yet entitled to payment. Since your daughter is not yet 'working' but is training, the minimum wages laws do not apply. Now, as far as listing her as an independent contractor rather than as an employee, it does depend on multiple factors including scope of control, supervision, and direct management. The more they manage the harder it is for them to claim that she isn't an employee, especially as that is a very subjective 'sliding scale' evaluation. Let me link you to the IRS rules so that you can review for yourself--but the more you see, the more likely it could be for your daughter to challenge her legal status as an employee rather than as a contractor. Please see below:

http://www.irs.gov/taxtopics/tc762.html

Sincerely,

Dimitry, Esq.