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 Lawdoctor Your Own Question
Lawdoctor
Lawdoctor, Lawyer
Category: Employment Law
Satisfied Customers: 1400
Experience:  I have handled employment matters for global companies.
14932443
Type Your Employment Law Question Here...
Lawdoctor is online now
A new question is answered every 9 seconds

my situation is complicated, was a 1099 contractor, but treated

Customer Question

my situation is complicated, was a 1099 contractor, but treated as am employee, has to follow work times, ect, received sexual harrassemnt, dicrimination, breech of my "contact" on pay, is it rue that I can not sue due to the employer having less than 11 employees and that because he paid me as a 1099 to benefit only hisself there is nothing that I can do? Please help me, I dont know what to do
Submitted: 8 years ago.
Category: Employment Law
Expert:  Lawdoctor replied 8 years ago.

Dear JA Customer:



Thank you for allowing me to assist you with your question.



Your question is very important to me, but please remember that I can only respond to the information you provide and I do not know your entire situation. My response is limited to what you have written to me and the answer may change with additional facts.



Also, due to site reasons, there are times I am initially only able to see a portion of post, so I apologize in advance if it means that you have to duplicate information.



There may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. Now, let’s address your question!

 

It does sound complicated and it will be difficult to prove, however, there is light at the end of the tunnel. I would recommend that you file a complaint with the Department of Labor IF you have not been paid your wages, under the Fair Labor Standards Act if you have not been paid minimum wages.

 

The Fair Labor Standards Act (FLSA) , which prescribes standards for the basic minimum wage and overtime pay, affects most private and public employment. It requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime pay of one-and-one-half-times the regular rate of pay. For nonagricultural operations, it restricts the hours that children under age 16 can work and forbids the employment of children under age 18 in certain jobs deemed too dangerous. For agricultural operations, it prohibits the employment of children under age 16 during school hours and in certain jobs deemed too dangerous. The Act is administered by the Employment Standards Administration's Wage and Hour Division within the U.S. Department of Labor.

 

They will investigate and determine whether you were appropriately categorized as an independent contractor. I would encourage you to have all your documentation ready to show that they controlled your time, your breaks, your work, etc.

 

Here is the website where you can file your complaint without a lawyer:

 

http://www.dol.gov/whd/regs/compliance/fairpay/complaint.htm

 

I wish you the very best!


Thank you again for trusting us with your problem. Good luck and Godspeed.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.
If I don’t’ answer immediately, I may be off line. If so, I will answer as soon as I come back. If I am online, I may be assisting someone else and will respond as soon as I can. Thank you for your understanding and patience.

Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.


Expert:  Lawdoctor replied 8 years ago.
A further thought on your situation is that if you are being discriminated against due to your race, age, religion, disability, nation of origin, pregnancy or veteran's status, then you would also want to look at filing with the Equal Employment Opportunity Commission at

www.eeoc.gov.

I wish you the best.


Thank you again for trusting us with your problem. Good luck and Godspeed.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.
If I don’t’ answer immediately, I may be off line. If so, I will answer as soon as I come back. If I am online, I may be assisting someone else and will respond as soon as I can. Thank you for your understanding and patience.

Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.