QUESTION
Why did I recieve a 1099 misc? I believe I''m concidered an empoyee under the FSLA.
Asked on Mar 31st, 2012 on Labor and Employment - Florida
More details to this question:
I am a mobile detailer and I''m paid 20% for every wash. I''m not allowed to leave the lot even when there''s not cars to wash. My pay averages about $200 for 65 hours week which equals $3.07 per hour. My employer manages all aspects of the operation; I contributed no capital to the operation; I have no opportunity for profit or loss, and; and I work 65 hours a week making me a permenant empoyee.
My employer also deducts wages from my check for taking a lunch, break or getting to work late.
1 ANSWER
Labor and Employment Attorney serving Atlanta, GA
2 Awards
It appears that your employer is attempting to treat you as an independent contractor. If so this is probably incorrect. He should be treating you as an employee. I don't believe you come under any of the Automobile Dealer exemptions since you are not a mechanic, service writer etc.
Under federal law you are being underpaid on an hourly basis and apparently not being paid overtime. Your boss could be required to pay you twice the amount he has been underpaying you,going back 3 years (for a willful violation of the FLSA) plus your attorneys fees and interest. You also can contact the US Department of Labor Wage and Hour administration. You can find their number in your local phone book under US Government.
Michael Caldwell
404-979-3150
Answered on Apr 02nd, 2012 at 3:39 PM