If I file a 1099, am I entitled to overtime?

The business is ran as an hourly. All the employee's punch in and out and earn xxx amount per hour, be we get 1099's at the end of the year.

From what you have posted, your employer is either ignorant of the law or blatantly ignoring it. I see no validation of you as an IC. Unless there is something VERY major that you are leaving out, you should be receiving a W-2 and yes, you should be receiving overtime.

Nothing major.

I worked for his bro-in-law who closed shop and hooked me up with this guy. I've been with him a while, but only recently have I been questioning some of the MO of the business (stupid on my part).

He hired me...not contracted me. I've never signed a single piece of paper while there that has to do with employment.

We do not get OT pay, can't leave during lunch, have no taxes withheld (which makes April a blast), no insurance of any kind, are told we will have to fix jobs on our own time if something goes wrong (although I refused to do this when it came up)...the list is really long and growing as to the things we deal with, which has brought about this research I'm doing now. The reason I'm still there is that the money is good for the area I am in, and I'm working toward something better...but thats going off subject I guess.

If something came about would we, as employees, have to be reimbursed for the unpaid OT and (back when we had it) workmans comp that came out of our checks?

go back to your other thread and answer my questions, ok?

Also see http://www.laborlawtalk.com/showthread.php?t=211954

I think our fine moderator is going to combine the threads tomorrow. :)

Oh ok...I was just trying to keep things in the right place....haha.

Didn't wanna create a rawkus on my first day here....:)

The effort is appreciated. But the two questions are tied together so it'll be easier for the responders if I combine them.