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When can I expect payment as a 1099 contractor and should I actually be classified as an employee?

Reno, NV |

I was hired over a month ago as a 1099 "employee" without a contract in place. I have a set work schedule of 5 days a week at 7 hours each day. I am paid hourly plus commission. I have control over day-to-day operations but I do report to people who also handle any issues that may arise.

I submitted my time card on the last day of the month and have yet to receive payment almost two weeks later. What should my expectations be and what rights (if any) do I have?

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Attorney answers 2


I urge you to reach out to an employment lawyer in your area that represents employees and explore your options. What you described in my opinion sure sounds like you are an employee NOT an IC, but all the info needs to be fleshed out and the standard is not an exact science.

You can search for a lawyer here by going to the "find a lawyer" tab up top. Most of us here, including myself, offer a free phone consult.

Best regards,
Natoli-Lapin, LLC
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Whether or not you are an employee for purposes of Nevada law and federal law depends on many factors, including where you work, how you work, how much independence and control you really have, etc. Often, employers will wrongly categorize a worker as an independent contractor in order to avoid paying certain taxes and workers compensation. As an employee, albeit with some exceptions, you are entitled to compensation at least on a semi-monthly schedule. If you cannot find an employment lawyer to assist you with this, you can contact the Nevada Department of Labor and Employment, and they can assist you.

This is general information that is not to be construed as creating an attorney-client relationship. Please consult with an attorney to obtain legal advice with regard to your specific situation.