1099 but Treated Like an Employee? Contractor Misclassification

Labeled a "1099 contractor" but economically dependent on one company and controlled like an employee.

What This Looks Like

• Works set shifts, uses company-branded equipment, and is told exactly how to do the job — but paid as a 1099.
• Scheduled entirely by one agency with no other clients, working 50+ hours a week with no overtime pay.
• Reports daily to a foreman and follows the same rules as W-2 crew members, but is issued a 1099.

What Can Affect a Case Like This

What can affect a case like this includes how much control the company exercises over schedule and methods, how economically dependent the worker is on that one company, how many unpaid overtime hours were involved, and the applicable lookback period.

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