Legal Question in Employment Law in Virginia

I am a childcare provider at a church. I work 4-6 hours a week and I'm paid $10 an hour. They switched me from a W-2 to a 1099 but I don't feel that I fall under the independent contractor status. What should I do?


Asked on 2/22/14, 11:26 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

If this church exercises control over when and where you work, what you do, and

how much you're paid, then under U.S. Department of Labor (DOL) rules/regulations you are very likely considered an employee of the church rather than an independent contractor.

Consequently, I would therefore recommend that you go on the DOL website and find the definitions of an employee vs. an independent contractor which are applicable to your employment situation and bring them to the attention of your employer along with your request for an appropriate adjustment in your status.

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Answered on 2/22/14, 1:24 pm


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