[NC] I’m an independent contractor. How much control does the client have over how I do my job?
What can I do if I’m a 1099 janitor contractor in Raleigh, NC and the employer tells me what equipment to use, how I should do my job, and when I should and shouldn’t take a break?
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Without the equipment details, here’s a general answer: Employee vs. independent contractor under the FLSA depends on several factors, including (1) whether you’re in business for yourself or economically dependent on the company, (2) your opportunity for profit or loss, (3) your own investment in tools/facilities, (4) the length/continuity of the relationship, (5) the company’s control over your work (e.g., directing methods, reviews, break times), and (6) the level of skill/initiative. If misclassified, you can: talk to the company, file with the IRS (e.g., use Form 8919), and/or file a complaint with the state labor department.
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What can I do if I’m a 1099 janitor contractor in Raleigh, NC and the employer tells me what equipment to use, how I should do my job, and when I should and shouldn’t take a break?
Lexi, Chatbot
Are you classified as an independent contractor by your employer?
Yes.
Lexi, Chatbot
Have you experienced any other instances where your employer controls aspects of your work beyond what you’ve mentioned?
No.
Lexi, Chatbot
Is there anything else the employment lawyer should know before I connect you?
No.
Legal Eagle
I’m happy to help. What equipment are they suggesting you use?
Did you see what I posted above?
Legal Eagle
Without the equipment details, here’s a general answer: Employee vs. independent contractor under the FLSA depends on several factors, including (1) whether you’re in business for yourself or economically dependent on the company, (2) your opportunity for profit or loss, (3) your own investment in tools/facilities, (4) the length/continuity of the relationship, (5) the company’s control over your work (e.g., directing methods, reviews, break times), and (6) the level of skill/initiative. If misclassified, you can: talk to the company, file with the IRS (e.g., use Form 8919), and/or file a complaint with the state labor department.
Thanks.
Legal Eagle
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