Am I an employee or Independent Contractor?

UPDATED: Oct 1, 2022

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Am I an employee or Independent Contractor?

I work for a local taxi company.
I have a set schedule of 5pm to 5am, 4 days a
week. I dont lease the car from the company. I
show up and drive where the dispatch tells me
to drive. The company pay all costs related to
the car, fuel, etc.. I keep 40 of the total
fares plus 100 of my tips. Some nights I will
work for 12 hours and do a total of 30 or 40
in rides. In which i only get 40 of. Company
does payroll And my checks already have taxes
withheld. Am I supposed to be getting paid an
minimum hourly wage?

Asked on December 28, 2018 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Based on what you write, you are an employee. Employees have their hours, locations, etc. for work managed by their employers; their employers tell them what to do and how to do it; and their employers provide most or all their equipment. The lack the "independence" that independent contractors have.
If you are, as it appears to be, an employee, then you must be paid at least the equivalent of minimum wage--whether through wages, tips, or a combination. If your average total hourly pay is less than you state minimum, contact your state's department of labor about filing a complaint.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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