Contacted IRS, EDD, should I go for the third blow and contact the DLSE? (payments, W2)

[jae1992]

I had a really bad employer last year list both myself and a bunch of other people as independent contractors. Several of us left the company, then were footed with huge tax bills. They were particularly large since most us are under the poverty level.

I filed with the EDD (called them and mailed in papers with evidence) and the IRS (mailed in papers)...

Do I need to contact the DLSE (department of labor standards enforcement) or with the EDD take care of the lack of overtime, no breaks, no lunches, stuff for me? Do they work together? I think if they calculated this aspect of the "job" I worked at, the company may owe me an additional $1,000 or more.

I know it will take probably a long time to get any justice....but I think it is worth it... I didn't file an SS8--I don't want them knowing it was me..

It was a small place run like a sweat shop...

[Hemlock140]

As individual contractors you are not entitled to any breaks, overtime or lunches. When you are paid by 1099 rather than W2 you are responsible for paying the taxes yourself, and should be doing estimated quarterly payments to avoid the annual big tax bill. I wouldn't expect any of your complaints to be acted upon, they have done nothing illegal.

[kwhitegocubs]

Originally Posted by Hemlock140

As individual contractors you are not entitled to any breaks, overtime or lunches. When you are paid by 1099 rather than W2 you are responsible for paying the taxes yourself, and should be doing estimated quarterly payments to avoid the annual big tax bill. I wouldn't expect any of your complaints to be acted upon, they have done nothing illegal.

The point of the complaint, from what she is indicating, is that they were being illegally classified as independent contractors. We don't live in a Lochner society, so the fact that he or she was contracted as independent does not mean the company escapes free and clear. Sounds like a potential abuse of FLSA.