[NC] What can I do if my employer, under whom I work as a 1099 janitor, is over-controlling and won't let me take breaks?
15
4
Whether someone is classified as an independent contractor or an employee is something that comes up frequently in labor law disputes. The U.S. Department of Labor has clarified the standard for determining when a worker is an employee or an independent contractor under the Fair Labor Standards Act.
Here are the five main factors:
- Whether the worker is in business for themselves or dependent on the employer.
- The opportunity the worker has for profit or loss (e.g., control over how much they make).
- The investment made by the worker (e.g., using their own tools/facilities).
- The longevity of the work relationship (longer = more likely employee).
- The degree of control the employer has (e.g., performance reviews, strict rules).
- The level of skill or initiative required by the worker.
If you are being told what equipment to use, how to do the job, and when you should take a break, your independence is essentially zero. That means your employer is likely violating labor law.
Here’s what you can do:
- Speak with your employer directly.
- Contact the IRS and file a claim for reclassification as an employee.
- File a complaint with the North Carolina Department of Labor.
You can also use IRS Form 8919 to report your share of uncollected Social Security and Medicare taxes if you believe you’ve been misclassified.
Upvote if this is a clear answer
Downvote if this is not a clear answer
Full Conversation
What can I do if I’m a 1099 janitor in Raleigh, NC and the employer tells me what equipment to use, how to do my job, and when I should take a break?
I understand your situation. Are you classified as an independent contractor by your employer?
Yes.
Have you experienced any other instances where your employer controls aspects of your work beyond what is typical for an independent contractor?
No.
Is there anything else the employment lawyer should know before I connect you? Rest assured they'll be able to help with your classification as an independent contractor.
No.
Hello! Legal Eagle here, and I’m an attorney specializing in your area of law. I’m more than happy to help you with your situation!
Did they tell you what equipment you are to use?
Yes, they do.
Is this the only company you work for?
No, I have a full-time job at night working at RDU as a janitor. It’s not 1099.
Understood! So you're just wondering what your rights are here, correct?
Yes. The employer gets upset if I go on break for any amount of time! And they tell me how I should do my job.
Whether someone is classified as an independent contractor or an employee is something that comes up frequently in labor law disputes. The U.S. Department of Labor has clarified the standard for determining when a worker is an employee or an independent contractor under the Fair Labor Standards Act.
Here are the five main factors:
- Whether the worker is in business for themselves or dependent on the employer.
- The opportunity the worker has for profit or loss (e.g., control over how much they make).
- The investment made by the worker (e.g., using their own tools/facilities).
- The longevity of the work relationship (longer = more likely employee).
- The degree of control the employer has (e.g., performance reviews, strict rules).
- The level of skill or initiative required by the worker.
If you are being told what equipment to use, how to do the job, and when you should take a break, your independence is essentially zero. That means your employer is likely violating labor law.
Here’s what you can do:
- Speak with your employer directly.
- Contact the IRS and file a claim for reclassification as an employee.
- File a complaint with the North Carolina Department of Labor.
You can also use IRS Form 8919 to report your share of uncollected Social Security and Medicare taxes if you believe you’ve been misclassified.
Yes, that helps. Thank you.
