How do I know if I’m an employee or an independent contractor?

UPDATED: Oct 1, 2022

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How do I know if I’m an employee or an independent contractor?

I work for a taxi/transportation company. We work 4 days a week, 12 hour shifts and are under direction on where to go and where to station at. We recieve 40% of the total fares for the night plus our tips. We drive the

company vehicle and do not pay a lease the vehicle from the company. Some nights after a 12 hour shift we have done maybe 100 in rides. So we receive 40% of that for 12 hours of work. We are on payroll and all taxes are withheld. We recieve a W2 not a 1099.

Asked on February 6, 2019 under Employment Labor Law, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The following facts are indicative of being an employee and not an independent contractor: receiving a W2  and not a 1099, and having taxes withheld. 
You can ask your employer to confirm that you are an employee, but based on the above,it would appear that you are an employee.

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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