Legal Question in Employment Law in Ohio

My sister was 1099'd this year, but I don't think she should have been. She was a bartender, but they 'promoted' her to General Manager at one of their bars. When they made her GM, she was told she had to sign an Independent Contractors agreement that said she is to operate under their rules and regulations. She also signed a non-compete within 'a reasonable radius of establishment' (60 miles, how is that reasonable??) Her boss says they've done 'countless hours of research' on the subject and swears what their doing is legal, but I don't agree. They 1099 ALL their bar managers, and I think it's to get out of paying payroll taxes. They are paid salary, have a set work schedule, have employees under them, etc. Is there anyway that what they're doing is legal? I'm tempted to file form SS-8, but don't want to get my sister in trouble or fired.

Asked on 4/17/13, 6:50 am

1 Answer from Attorneys

John Sauter Cloppert, Latanick, Sauter & Washburn
0 users found helpful
0 attorneys agreed

Information about the misclassification of workers can be found here: http://www.nelp.org/page/-/Justice/1099edFactSheet2010.pdf?nocdn=1

I don't specialize in wage and hour litigation, so I can't speak for the legality (or lack thereof) of what your sister's employer is doing.

Read more
4/22/13, 11:16 am

Related Questions & Answers

More Labor and Employment Law questions and answers in Ohio

Looking for something else?

Get Free Legal Advice

88333 active attorneys ready to answer your legal questions today.

Labor and Employment Law Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Michael E. HendricksonAttorney & Counsellor at LawAlexandria,
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now