ADVICE NEEDED....Is it legal to work for a law firm as a 1099 employee (employer, job)

[dognabit]

Can a so called law firm employee 20 employes and expect them to act as normal employees and not independent conntractors. I believe the law states employees that come to an office daily with set expectations and equipment provided for said employee to perform their duties are to be W-2 employees not 1099. Is this a case of the firm wanting to avoid paying taxes.
Atrue 1099 employee is a independent contractor with no set hours or training by the employer as to how to complete the job or task.

Can someone verify

[annerk]

Based on the way you are explaining it, you are correct, the employees are just that, employees and not 1099 contractors. I'd place a call to the DOL.

[nicet4]

Originally Posted by annerk

Based on the way you are explaining it, you are correct, the employees are just that, employees and not 1099 contractors. I'd place a call to the DOL.

Correct.

A law firm is skating the law... imagine that!

Those getting 1099's generally don't enjoy paying the taxes which includes the self employment tax which is paid by the employer when working for someone. Figure double social security and medicare.

[Eastern Roamer]

Originally Posted by dognabit

Can a so called law firm employee 20 employes and expect them to act as normal employees and not independent conntractors. I believe the law states employees that come to an office daily with set expectations and equipment provided for said employee to perform their duties are to be W-2 employees not 1099. Is this a case of the firm wanting to avoid paying taxes.
Atrue 1099 employee is a independent contractor with no set hours or training by the employer as to how to complete the job or task.

Can someone verify

Unless your employer is one, you might want to consult with a labor attorney. Good luck with that.

[Thepreacherswife]

There's a whole list of common-law factors that go into determining whether or not there is an employer-employee relationship.

Independent Contractor (Self-Employed) or Employee?

Note that there is a tattletale form (Form SS-8) you can file with the IRS to have them determine whether or not you are an employee.