Employment Law

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Related Employment Law Questions
I have been classified as a 1099 worker for a company in
Hello. I have been classified as a 1099 worker for a company in Florida since 2011. Over the years many instances have occurred (and can be proven) wherein I should have been classified as a W2 employ… read more
Sean Lopez
Sean Lopez
Managing Attorney
JD
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I have been paid on a 1099 for the past 5 years. I work as a
I have been paid on a 1099 for the past 5 years. I work as a gymnastics coach. I recently received a letter from NM taxation and revenue stating that i owe sales tax on my earnings. My boss refuses to… read more
Sean Lopez
Sean Lopez
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How do we suppose to pay to exempt outside sales person?
Hello! How do we suppose to pay to exempt outside sales person? … read more
Sean Lopez
Sean Lopez
Managing Attorney
JD
2,348 satisfied customers
In May of 2018, the California Supreme Court changed CA law
In May of 2018, the California Supreme Court changed CA law and required that nurse practitioners working for medical practices work as W2 employees rather than as 1099 independent contractors. My emp… read more
Sean Lopez
Sean Lopez
Managing Attorney
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We are hiring a live in caregiver for my mom. What are the
we are hiring a live in caregiver for my mom. What are the payment rules? How many hours of pay at regular rate, and OT and during sleep time? This is not 24hr care.. just live in. … read more
Adam Yarussi
Adam Yarussi
Juris Doctor
2,737 satisfied customers
I was given an 1099-MISC form for 2018 but I just found out
I was given an 1099-MISC form for 2018 but I just found out that, that same company was deducting 8% of my pay for "his state & federal taxes". Is this legal? … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
24,304 satisfied customers
We are an automotive customization shop. We employ
We are an automotive customization shop. We employ contractors via 1099. We pay mechanics on flag hours (standard hours per each operation). When a job is declared fnished by the mechanic, and random … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
139,509 satisfied customers
Another question concerning Contractor Firm... The owner of
Hey Scotty... Another question concerning Contractor Firm... The owner of the small contract shop says I'm an employee because he processes my W2 is this try? They over medical and 401K but they don't… read more
ScottyMacEsq
ScottyMacEsq
Lawyer
Doctoral Degree
3,526 satisfied customers
I would like information regarding human rights / labor
I would like information regarding human rights / labor Practice for an independent contractor that files a 1099 … read more
Adam Yarussi
Adam Yarussi
Juris Doctor
2,737 satisfied customers
I work at a salon in Illinois as a stylist there is a new
Hello I work at a salon in Illinois as a stylist there is a new owner and he wants to switch us to 1099 employees but still only pay us 50% commission he did say he would cover most of our products st… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
70,702 satisfied customers
Have a few questions about an employer using us employees as
have a few questions about an employer using us employees as 1099 instead of w2 and if theres anything in the leagal department to do about it? … read more
socrateaser
socrateaser
36,498 satisfied customers
Independent Contractor vs Employee question: Oregon. We are
Oregon. We are a ministry whose primary form of ministering is workshops focused on emotional & spiritual healing. These are led by trained facilitators. Our facilitators are required to participate in specific training and meet certain standards in order to be released to facilitate workshops. Beyond that, they operate independently in terms of setting their own schedule and work hours, and participate in the creation of workshop schedules. They register with us for which workshops they want to facilitate but are expected to attend all days of the workshop once they sign up. We have always treated them as independent contractors without any problems (and it's not a problem now). They also are primarily supported via tax-deductible donations which we receive thru the ministry and then pay out with our regularly schedule payroll twice monthly. We have an individual who was an independent contractor for Jan-Mar 2017 and was then approved to be "on staff" starting in April. At that point they are usually included in payroll runs with tax withholding and reported as W-2 "employees". As I was going through the quandary of whether or not it was appropriate to issue both a 1099-Misc (for Jan-Mar) and a W-2 for Apr-Dec, it occurred to me that nothing had changed related to his actual position or responsibilities. He did eventually also serve on our board but there was voluntary and no compensation attached to that activity. What I'm wondering now is whether or not he should always have been designated as an independent contractor and we do a W-2 to document the tax withheld. It means of course that we should have withheld only federal withholding taxes, not SSI and MC, or at least reported those amounts only as withholding. For our purposes, coming "on staff" is a process they apply for but not related necessarily to a specific job description. … read more
LawyerDavid
LawyerDavid
Vice President & General Counsel
Juris Doctor
652 satisfied customers
I need assistance understanding commission employment laws. I have been hired to work in a
I need assistance understanding commission employment laws. I have been hired to work in a salon. The owner is a first time business owner. I think she is mixing up commission, hourly, and booth rent … read more
socrateaser
socrateaser
36,498 satisfied customers
My husband worked for a company. Suddenly 4 years ago they
My husband worked for a company. Suddenly 4 years ago they started writing contract labor on his checks. However they NEVER included his taxes and withholding's in his checks. The checks he received w… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,729 satisfied customers
My son was fired from his job as a mechanic in May, 2011.
My son was fired from his job as a mechanic in May, 2011. He was fired because he didn't respect his supervisor and complained about his lack of knowledge, the owner of the small company was forced to… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,048 satisfied customers
I had been working for an individual for about two years. I
I had been working for an individual for about two years. I was hired as a contractor at the employers insistence because he didn't want to pay any taxes. FICA, unemployment, workers comp or withhold … read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
12,626 satisfied customers
My brother-in-law is performing work for the family after my
My brother-in-law is performing work for the family after my mother passed away. He is clearing out the family home, going through boxes, arranging for dumpsters, packing up items to ship to family ou… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,841 satisfied customers
son recd W2 for 15200. for 09. irs 679. withheld. salary
son rec'd W2 for 15200. for '09. irs 679. withheld. salary 700.00/wk +2% commission on g/p (max wk 60.00.) paid by direct deposit. plus gas allowance of 100. wk by check usps. no 1099. started mid feb… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
70,702 satisfied customers

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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