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    shelly7611's Avatar
    shelly7611 Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Sep 12, 2010, 06:34 AM
    I worked doing residential cleaning and received a 1099 for the year but was paid
    An hourly wage, used my own car and gas to do her jobs, is this legal?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
    		  
    #2

    Sep 12, 2010, 06:43 AM

    Yes, if you meet the other criteria - an houly wage, using your car for transportation and receiving an hourly rate don't qualify or disqualify you to be a 1099 employee.

    Didn't you notice that no taxes were being deducted during the year?
    shelly7611's Avatar
    shelly7611 Posts: 2, Reputation: 1
    New Member
    		  
    #3

    Sep 12, 2010, 07:37 AM
    Comment on JudyKayTee's post
    All I received is a check no stub with my hours or pay rate,of course I know no taxes were being deducted but being a sub contractor I just was informed you are not to be paid hourly but by the job or a percent,so legally she is wrong
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Sep 12, 2010, 07:45 AM
    [QUOTE=shelly7611 : All I received is a check no stub with my hours or pay rate,of course I know no taxes were being deducted but being a sub contractor I just was informed you are not to be paid hourly but by the job or a percent,so legally she is wrong
    ?[/QUOTE]


    She is NOT "legally wrong." Do you know what a subcontractor is? Among other things a subcontractor (1099 employee) does not pay into unemployment and disability and cannot collect those benefits and pays his/her entire SS taxes. The employer does NOT pay into SS on his/her behalf. Also, the employee is responsible for declaring and playing taxes on all income - the employer dos NOT collect and forward income taxes on the employee's behalf.

    I don't understand what you thought - because you were paid by the job or because you received a percentage (whatever that means) you didn't have to pay taxes on your income?

    Anyway, she is NOT legally wrong. You should have asked when you realized taxes were not being taken out of your pay. Or did you think you were getting paid off the books, under the table, in some fashion and the income would not be reported?

    If you met the criteria as a 1099 employee you are the one with the legal problems, not your employer.

    (Please put your comments in the response box, not under agree or disagree.)
    Stringer's Avatar
    Stringer Posts: 3,733, Reputation: 770
    Business Expert
    		  
    #5

    Sep 12, 2010, 09:16 PM

    Do you have a subcontractor's signed contract with this person?

    There are many criteria necessary to be a legal subcontractor.

    Stringer
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