Mike Hancho said:

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Again,

All my coworkers and I are 1099. It's a full time job, 8-5 ET. I know my bosses do this for tax purposes which I believe is illegal, I'm not paid on an hourly base. I get a check every month for the same amount.

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Why do you keep regurgitating this? Everyone gets it.

Mike Hancho said:

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People keep thinking I'm part time, paid hourly, the only employee not W2

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We get how it works. It doesn't seem like you do.

if you like your 10 hour a week job that requires you do be available 40 hours a week then keep it. but know that you are very likely misclassified and you have to pay the employer taxes rather than your employer. that is 7.65% of your own money in addition to the benefits you are missing out on. just because they pay you straight/flat monthly rate doesn't make it right or legal.

having a chill job is nice but if you want more money do what others have said. make them match and make you an employee or go to the new gig.

go read this form

https://www.irs.gov/pub/irs-pdf/fss8.pdf

and this form

https://www.irs.gov/pub/irs-pdf/f8919.pdf

Mike Hancho said:

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Because I'm technically a contractor but I'm treated as a FTE, aka I have to be available from 8-4ET, I am told what to do etc...

I believe that walks the line for more classification of W-2. I know for a fact my bosses do this for tax reasons even though they wont admit it.

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Just because you're a 1099 contractor, have to work 8 hours a day, and are told what to do (isn't everyone except the boss told what to do at a job?) doesn't mean 1099 doesn't apply to you....


You picked a 1099 job that requires at least 40 hours a week and to be available to your superiors that's called work, it's not illegal. Now, you can't be a Part-Time employee and have this schedule for more than 3 consecutive pay periods, otherwise they'd have to offer you benefits, but as a 1099 contractor, you're treated as an "at-will" employee, meaning you understand the risks involved in that position - no cobra, no company Workers Comp, no benefits, etc. normally this comes with higher than counterpart pay.

We have 1099 contract workers that work 50-75 hours a week when we run a massive field-based project, if they miss a day without a legit excuse their contract is terminated.