MISCLASSIFICATION GET THE FACTS ON UNDER THE FAIR LABOR STANDARDS ACT Employee or Independent Contra
Receiving a 1099 does not make you an independent contractor under the FLSA.
Even if you are an independent contractor under another law (for example, tax law or state law), you may still be an employee under the FLSA.
Signing an independent contractor agreement does not make you an independent contractor under the FLSA.
Having an employee identification number (EIN) or paperwork stating that you are performing services as a Limited Liability Company (LLC) or other business entity does not make you an independent contractor under the FLSA.
Employers may not misclassify an employee for any reason, even if the employee agrees.
You are not an independent contractor under the FLSA merely because you work offsite or from home with some flexibility over work hours. 1099
Whether you are paid by cash or by check, on the books or off, you may still be an employee under the FLSA.
“Common industry practice” is not an excuse to misclassify you under the FLSA.
