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Alabama-Lunch Questions Alabama

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  • Alabama-Lunch Questions Alabama

    I work for a flooring company. I punch a clock, but file a 1099 at the end of the year.

    We get a 30 min unpaid lunch break. My employer insists that we aren't allowed to leave the jobsite for lunch.

    Is that legal?

  • #2
    The real question here is, what do you do there that qualifies you to be an independent contractor instead of an employee?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      *shrugs*

      Beats me...

      Honestly, I've always found that part to be a little shady myself.

      It's just the way it's always been. We don't have taxes (or anything else) with held. We just file 1099....

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      • #4
        Yes, that is legal. Al. doesn't even require meal and/or rest breaks though an employer can give them if they desire.

        If you're an IC, the rules re meal and rest breaks would be per your contract.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          Thats the thing...

          There is no contract between the employer and myself. It is ran as an hourly business. We go in at 7a, punch in, out at 4p....paid an hourly wage for time worked.

          I think he do the 1099 thing for tax reasons.

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          • #6
            That's not what I asked. What do you do? And what type of business is this?

            You do know that you are probably getting screwed, right?
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              Title wise, I am a flooring mechanic...which includes installing, sanding, and finishing hardwood flooring, along with installation of trim. I'm a laborer if you will.

              As far as "what kind of business is this?", either thats answered above, or if you meant Inc or LLC or that kind of thing, it's an LLC business.

              And yes...I'm aware...have been for a while...the fact that things are getting worse is what has prompted me to research and try to find some legal ground to stand on when I assert my rights with my employer. I don't want to be out of line or make a fool of myself.

              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? Or would the fact of us filing 1099 cover his butt on that?
              Last edited by alabama1980; 03-24-2009, 06:32 PM.

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              • #8
                Also see http://www.laborlawtalk.com/showthread.php?t=211955.
                Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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                • #9
                  Yes. For up to three years. You are getting screwed and you should file a claim for unpaid wages/overtime with the federal Dept. of Labor. And you can report this guy to the IRS. And the state Unemployment Commission. And the state Worker's Compensation/Insurance Commission.

                  Most employers try really hard to comply with employment laws. When I see companies taking advantage of employees like this, it makes me furious.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                  • #10
                    Honeslty the only reason it has been tolerated is the fact there used to be numerous perks to the job...take off practically whenever you wanted for whatever reason, flexible hours if needed, good friendly environment....

                    But all of the perks have been obliterated, and the screwings are outweighing them...

                    Could all of the things you mentioned be done anonymously, or would I have to get personally involved? If this hit him hard and he had to close shop, then I don't want my friends (coworkers) to know I'm the one that put them all out of a job (although I could be doing them a favor)

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                    • #11
                      Probably, everything but the wage claim. They can't get you what you are legally owed if they don't know who you are.
                      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                      • #12
                        True enough....

                        I just want what's right. Nothing more, nothing less. I work hard and all I want is to be treated and compensated fairly.

                        I really appreciate the time that you invested in me and my questions. I'm sure I will have more later as they come to me.

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