Costly Employer Mistake #2: Treating Employees as Indep Contractors

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This video talks about the second common employment law mistake that California employers and start-ups make - misunderstanding the employee / independent contractor distinction and misclassifying employees as contractors. The first costly mistake that employers often make can be found here: • Costly Employer Mistak...
For more information about California employment laws, please visit our site at www.arkadylaw.com and our blow at sanfranciscoemploymentlawfirm.com
We represent both employees and employers throughout California in a wide range of employment issues and cases.

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Опубликовано:

19 дек 2016

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Комментарии : 31

@negativeanthony 3 года назад

The distinction between the two classifications seems so simple that I'm surprised companies like Uber, Lyft, DoorDash and the like still exist.

@BubbasMeisa 6 лет назад

If there was "direction" and "control" on your job you were a regular employee regardless of how you were technically classified. But MOST employers are criminals these days because from my experience this is all that happens anymore, and whatever jobs are not in this category are abusive, underpaid but monopolistic so workers are always waiting in line to get hired there. I guess the message is if you are not independently wealthy you are a sitting target for this kind of abuse if you simply have the nerve to try to survive...legally.

@OfftoShambala Год назад

It’s not that they are criminal, the govt requirements makes it cost them A LOT in extra time and money to keep you as an employee. You have no idea who the criminals are.

@nblackhart 6 лет назад

My boss apparently put me as an independent contractor I'm pretty positive that I'm an employee. My question is where do I go from here

@ArkadyItkin 6 лет назад

You should contact an experienced employment attorney in your area to discuss your options.

@locknessmonster4848 6 лет назад

File an SS-8 on the IRS website along with a letter explain everything in detail ..

@christopheraccurso5687 4 года назад

@AwwwSweetieDarling File a wage claim with the director of labor. You don't need an attorney, it's free.

@thaisb229 4 года назад

If anyone has followed through with this process that can elaborate for people trying to decide whether to do

@gigerbrick 5 лет назад

This practice is currently running rampant in the construction industry. I have been asked to work by the hour on a 10-99 numerous times. Is there a way to report companies that are doing this?

@lotus-fe7ek 3 года назад

Yeah report them to the tax agency. What they are doing is illegal. Many do it because they simply do not know about contractors right or they take advantage of contractors not knowing their own workers rights. You could also simply ask the payer to acknowledge your rights and come to a better agreement. Or you could file a lawsuit...

@jgmatp 3 года назад

File an SS-8 on the IRS website along with a letter explain everything in detail ..

@joanferreira3896 2 года назад

For real man- I just had a lady offer me super low hourly wages on a 1099.

@wtfricklive Год назад

I found out I was misclassified as 1099 but should have been an employee... I contacted an attorney to ask questions... he agreed on misclassification... so I started implementing my IC rights for two weeks and then whistleblowed to HR... because almost EVERYONE is IC except for HR and management... I was immediately fired after the meeting...I recorded the meeting too... soooo I'm hoping to file lawsuit soon...

@ArkadyItkin Год назад

Thanks for sharing. Hopefully the case will go forward well for you and your attorney will be effective at proving your case.

@larrycohen3682 Год назад

Sir, I am working for a messenger service and I have to pay for my gas for my automobile and my tires. I had asked my manager for a one hundred dollar increase in pay because this job only benefits the company profits not my salary. Then I had asked my manager in a text message for another fifty dollar increase in pay. He was speechless. Now I feel that I should be looking for a new job. Lc

@egglestonforrest 3 года назад

I was an employee for a company and received my W-2 in January filed my taxes. And now today October 2nd I recieved a 1099 from same employer. My question is can they do this? I'm not a law expert but I think what they did is illegal?

@ArkadyItkin 3 года назад

This does sounds improper. You should contact the company to discuss this potential misclassification and seek legal counsel depending on what the company says and whether they are willing to correct it without legal claims.

@FovosTheou Год назад

Ive been hunting down a lawyer who specializes in this area in FL for truck drivers

@egglestonforrest 3 года назад

Any advice what to do is appreciated.

@jgmatp 3 года назад

File an SS-8 on the IRS website along with a letter explain everything in detail ..

@JoeSmith-wq6tr 4 года назад

I'm a nurse in Connecticut and I earn an hourly wage. Can my employer require me to do on-line inservices/training at home on my computer without paying me for my time? My employer encourages this as we already have too much work to do in 8 hours.

@ArkadyItkin 4 года назад

We can only comment on California law, where mandatory training or any other work must be paid for. It's likely that the law in CT is similar, but I would suggest you discuss it with an employment attorney in your state.

@JuneBugginTrucking 3 года назад

I’m a Truck Driver and a lot of small trucking companies pay drivers on a 1099 basis. Will I get in trouble with the IRS or is it just the company that can get in trouble?

@ArkadyItkin 3 года назад

You are not going to get in trouble. It is the employer's responsibility to classify you correctly and pay any penalties for not doing so.

@JuneBugginTrucking 3 года назад

@@ArkadyItkin oh. So when tax time comes around would I be able to write off my expenses and apply for certain deductions even though the company misclassified me?

@ArkadyItkin 3 года назад

@@JuneBugginTrucking Generally yes, but you should discuss the specifics of your situation with a local employment attorney.

@JuneBugginTrucking 3 года назад

@@ArkadyItkin will do. Crazy thing is I just formalized my LLC for my Trucking company and I haven’t used it for any work as of yet but I was considering having this company pay me through my LLC and then just pay myself. I didn’t want to over complicate things therefore I didn’t do it.