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Independent Contractor or Employee California

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  • Independent Contractor or Employee California

    I would like to know if I am a independent contractor or employee. I work for a direct lender as a loan officer. I get paid commission only and as a W2 employee. Upon being hired I was told I was an independent contractor and would have to pay for marketing, credit reports, and mail. I was told I would be paid on a 1099. After I received my first paycheck I found that I was paid as a W2 employee. I dont feel I am being treated as a independent contractor. I have to attend meetings and constantly feel manangement breathing down my neck telling me how to run my business and what I should do. The first paycheck I received was incorrect. I was under paid by 40.00. The second paycheck I received I was under paid 1,400. Manangement could not even explain what was being deducted from my pay. They finanlly admitted that it was incorrect. It has been a week since they messed up my last check, and three weeks since they messed up my first check. Is there any time period that they have to correct my pay? They still havent fixed my first check. Is it leagal for them to claim I'm an independent contractor yet pay me w2 and treat me like an employee? Are they violating any law by making me pay for marketing, credit, and mail.

  • #2
    If you get a W-2, you are an employee, plain and simple.
    And there have been numerous DOL opinion letters, IRS rulings, and court cases, every one deciding that loan officers do NOT meet the criteria for an independent contractors.
    http://www.wwlaw.com/tamik.htm
    http://www.gotovertime.com/loan_offi...#loan_overtime

    Also, please see your PMs.
    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
      There have also been many court and administrative decisions that loan officers cannot be paid "commission only", but instead must be paid at least minimum wage (and overtime) for all hours worked.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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