What are the appropriate steps to take to turn an employer into IRS for miss-classifying an employee as an independent contracto

Asked over 1 year ago - Los Angeles, CA

My boss miss-classifies me as an 1099 independent contractor. I am a full time employee using all of his equipment other then my car, he dictates my hours, lunch, vacation, everything. I am on "salary" and work a bunch of overtime. Should I call the EDD or IRS or both?

Attorney answers (2)

  1. Christine C McCall


    Contributor Level 20


    Lawyer agrees

    Answered . Here is the info you need: http://www.dir.ca.gov/dlse/worker_misclassifica...

    It's the State Dept of Industrial Relations. Here is how to make a complaint/claim: http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended... more
  2. Neil Pedersen

    Contributor Level 20

    Answered . The most advantageous move for you is not to turn the employer into the IRS. It is to make a wage claim with in small claims or superior court, or in an administrative action with the Labor Commissioner's Office, also known as the Division of Labor Standards Enforcement. There are advantage and disadvantages of each approach.

    Also there may be important timing issues you should consider. You may be better off waiting until you are no longer financially dependent on this employer to make your claim. That dynamic is balanced against the relevant statutes of limitations and other collectability considerations.

    It is therefore important that you locate and consult with an experienced employment law attorney to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed... more

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