My questions for clarification are:
Since I do not have the authority to make any decisions of any significance in any of the multiple areas of work that I'm obligated to perform, which would have a great impact on any area of the business nor am I allowed to negotiate and personally obligate the business financially on my own without the pre-approved permission directly from the owner - will you please confirm that I am a non exempt employee and entitled to overtime past 40 hours instead of being bullied and taken advantage of?
Response 1: Yes, I would confirm that. Also see this PDF.
Doesn't the obligation fall on the employer to provide whatever information necessary to prove or clarify should the Employer disagreed this point, especially if the employee has provided some of their own research stating the facts as they believe are true?
Response 2: The responsibility falls on the employer to clarify
If mis-categorized and genuinely non-exempt and never paid for overtime worked for 17 years of mandatory 6 day work weeks for 5+ months every year, would I be entitled to collect some if not all mis-categorized overtime pay?
Response 3: Yes, you would be by filing a wage claim with either Minnesota Department of Labor and Industry or with U.S. Department of Labor, Wage and Hour Division.
Is it legal to be paid by both paycheck and 1099?
Response 4: No, it is not legal.
Is it legal to pay an employee, who is an adult child of the owner, as a 1099?
Response 5: No. The employee must be paid as a W-2 and not a 1099, which is for Independent Contractors.
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