How to Know If I’m Being Misclassified as a 1099 Worker in New York

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As a worker in New York, you are protected by strict labor laws that pertain to how and when you perform your job, compensation and more. The specific benefits and protections that you enjoy largely depend on how you are classified by your employer. Most commonly, workers fall into one of two categories: independent contractors (1099 workers) and employees. As an independent contractor, you have the autonomy to make your own schedule, advertise your services and more. However, 1099 workers are responsible for paying taxes out of pocket and are not entitled to overtime, guaranteed minimum wage, workers’ compensation or unemployment benefits. If you are thinking to yourself, ‘how to know if I am being misclassified as a 1099 worker’ look no further. At Tempus Fugit Law, we specialize in helping members of the local workforce determine their status so they can effectively exercise their rights.

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We understand that the specific nature of each worker's relationship with their employer is unique. Even so, determining whether you are an employee or 1099 worker can usually be accomplished by looking out for a few red flags. You can begin by carefully examining your relationship with your employer. Do they exert control over the specifics of your job execution? Is your work a core component of their business activities? Do the tasks they assign differ from the independent business you operate? Do you lack benefits like health insurance, paid leave or retirement plans that are typically provided to employees? You may be misclassified as a 1099 worker if you answered yes to any of these questions. Our legal team can investigate further to provide a reliable answer and enforce your rights accordingly.

Our Team Is Ready to Help You with Your Employment Litigation Disputes Including:

  • Wage Theft
  • Discrimination
  • Defamation
  • Severance Agreements 
  • Business Torts 
  • Non-Competition/Solicitation
  • Sexual Harassment
  • Employee Contracts
  • Internal Investigations
  • Non-Compete Agreements/Secrets
  • Wrongful Termination
  • Contract Disputes
  • Unpaid Hours and Wages 
  • Retaliation and Whistleblower Claims
  • Unpaid Commission
  • And much more

At Tempus Fugit Law, we provide more than just expert legal expertise. We are your trusted partner in asserting your rights as a worker. If you suspect that you have been misclassified as a 1099 worker in New York, our skilled attorneys are here to help. Identifying this mistake or intentional wrongdoing is just the start. You can count on us to provide a full spectrum of legal services that safeguard your interests. In addition to formal litigation and pretrial efforts like negotiation and settlement, we can also provide pertinent advice, assistance with filing necessary paperwork and more. Making sure you receive the benefits, compensation and legal protections that you are entitled to is our mission.

If you are unsure if you are being misclassified as a 1099 worker in New York, all us at 347-943-3700,  email inquiry@tflawllc.com or message us on our website to begin working with our experienced employment lawyers today.

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Read Our Recent Client Stories

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Independent Contractor Living Abroad Gets Terminated

Represented an independent contractor living abroad who had been terminated by a multi international corporation. We believed our client was inappropriately designated and was therefore denied proper wages and benefits. We were able to settle before filing our federal court complaint.

Read Our Five-Star Reviews

"I am happy with their employment law service and would highly recommend them. Gil and his team are not just incredibly professional, knowledgeable, but also care about you as a person. They are responsive and patient, addressed my concerns and explained everything along the way. I will definitely go back to them if I need a lawyer in the future."

Pei Z. – Five-Star Google Review

"I highly recommend Tempus Fugit Law to other small business owners out there that need help in regard to employment-related guidance.  Gil is extremely knowledgeable about the law and requirements of business owners in MA and was able to provide me with the proper guidance and support to make the best decision for my organization.  I can't say enough about Gil and Tempus Fugit Law."

Robert M. – Five-Star Google Review

"Long story short, I started to slowly notice that my paychecks weren't adding up.  To add to it, several other coworkers of mine started to notice it as well. We really didn't know where to go or who to turn to as our employer wasn't a small company by any means. We found Mr. Gil and his team and after our first meeting, we felt confident for once! Fast forward to the present. Turns out we were owed unpaid wages! Gil and his team helped us out more than we could have imagined. They fight for you tooth and nail, and never take no for an answer or waiver from their commitment. We are so thankful for what they have done and we can't thank them enough. Thank you, Tempus Fugit Law!"

Jimmy S. – Five-Star Google Review