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Employment Law/1099 vs. W2 Legalities?


I have been employed as a 1099 employee at the same company for over a year now. However, this employer REQUIRES me to be at team meetings twice per week, write up weekly reports summarizing my activities, etc. Does this not sound like a W2 employee? Who do I turn to?

Jen -  You can ask the US Department of Labor whether it considers you to be an employee or an independent contractor.  The NC labor department isn't going to do much for you, it relies on the feds for this sort of issue.  If the USDOL says you should be an employee, it will notify the employer and  help you to obtain any back wages or benefits you should have been receiving.

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Margaret M. deMarteleire


I can answer most questions about employment law, federal or state. I am an attorney, not an HR professional, so questions about HR careers, coursework, prospects, etc. are not within my scope.


Attorney for 20 years, currently working exclusively with employment law - FLSA, FMLA, federal contracts, pay, etc.

Temple University School of Liberal Arts, BA, Rhetoric & Communication, 1982 Temple University School of Law, JD, 1990 Certificate in HR, Cornell University ILR School, 2006

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