Am I 1099 or W2 employee
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Am I 1099 or W2 employee
I work for a company that classified me and several others as 1099 sub-contractors but require everyone to be at mandatory company meetings, upon being hired sign a no compete clause, we have set hours of when to work, the company provides all tools and vehicles,
computers and industry designed software, and insurance for all of the vehicles used within the company, the company does all of the hiring and firing, also the pay is set by them on there terms. The employer controls all actions of the employees. Employees
are told when, where, and how to work. The company does not offer employees any benefits or healthcare insurance?
Asked on December 27, 2017 under Employment Labor Law, Arizona
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
The facts that you cite--the degree of control exercised by the employer (setting hours; requiring presence at meeting; providing all tools; "control[ling] all actions of the employees")--indicates you are most likely employees (W2) not independent contractors (1099). As the term "independent contractor" implies, independent contractors possess a great deal of independence from their clients or employers.
Note that an employer does not need to offer benefits or insurance to employees, so being an employee does NOT guaranty you will get those things. What being an employee would mean is: 1) they have to pay the employer portion of social security/Medicare taxes for you; 2) they have to contribute to unemployment for you, so that would be available; 3) if you are hourly, you must be paid for all hours worked and overtime when working more than 40 hours in a week.
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