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    Marye D65's Avatar
    Marye D65 Posts: 2, Reputation: 1
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    #1

    May 27, 2013, 08:52 PM
    Per diem law and the 1099 employee
    I am going out of town with my boss to work. He is putting me up in his home until the bunkhouse can be built. He has informed me of the odd jobs he wants me to do after the regular work day in order to pay my rent while there. I am a 1099 employee. Is this legal?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    May 28, 2013, 04:38 AM
    Probably not.

    The term "1099 employee" is an oxymoron. Either you are an independent contractor or, more likely, you are an employee and your employer is using form 1099 to evade employment taxes.

    But whether he should pay you per diem until the bunkhouse is ready would be a matter of state law. Which state is it in which you are going to be working?
    Marye D65's Avatar
    Marye D65 Posts: 2, Reputation: 1
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    #3

    May 28, 2013, 06:27 AM
    Sorry I forgot that part. We live in the state of Idaho.
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