NJ: 1099 independent contractor who is really an employee

[shihtzumom]

How do you report an employer for treating you as a 1099 Independent contractor, when they actually treat you as an employee? And can you report this anonymously, or will your employer know who reported them?

[LaborLawNJ]

Independent contractor vs. employee is a legal conclusion. What makes you think that you are an employee?

Maybe you could post a few facts so someone here could give you a better idea if you are right or not. After all, I don't think you would want your employer to feel the brunt of an investigation based on a wrong assumption on your part.

Several agencies are potentially implicated when an employee is misclassified as a independent contractor. For example, div of taxation, dept of labor, div of workmen's compensation, the list goes on.

With regards to remaining confidential, each agency/division is autonomous and has its own procedures for conducting an investigation. What I always tell people that want to "drop the dime" is that you have to assume the employer is going to find out.

Regards.

[shihtzumom]

Job in question is aerobic instructor/personal trainer at a private gym. At hiring a paper is signed stating that you know you are a private contractor, however certification courses for aerobic instructors state that this is not necessarily true, even if a paper was signed to that effect.

Employees/independent contractors have evaluations done. Pay is hourly. Mandatory meetings are held. There are rules to follow. You work at a particular location or locations all the time.

It isn't right that you don't get soc sec and unemployment deducted, when for all effects and purposes you are an employee of the company.

It has also come to my attention, that if this is indeed an "independent contractor" position, that liability insurance, etc should be sought by the individual, because the individual can be held liable in addition to the gym. Also other liabilities can apply to the individual that they are not aware of.

And if this is considered an "independent contractor" position, would n't this person have to have a business permit in NJ, or collect sales tax from the gym or at least get a sales tax exemption form? Have a registered business name, etc? These people are treated as employees, and think they are employees. This just brings up all kinds of questions about who is liable for what.

[cbg]

Didn't I just answer this question? Or try to? ONE posting, please.

[shihtzumom]

yes. Sorry. It was the first time I ever posted anything, and somehow got it posted twice.