Generally not covered by most labor laws. 1099 is an “Independent Contractor” Not Employee. But not without legal protection at all. It's just that the source of protection is different. What are the general labor law protections for 1099? Most state and federal levels: Minimum Wage Act 1099 is not covered by the minimum wage. Overtime There is no statutory coverage for overtime. Paid Sick Time Off Often not applicable. Unemployment insurance Generally not eligible to apply. Workers' Injury Insurance Often not covered. Department of Labor Payroll Delinquency Appeal The wage claim procedure is usually not available. Because legally you are not receiving 'wages'. Why? The legal distinction focuses on: Control If the company controls:
Hours of work How it works Work location Workflow You may actually be an employee, just misclassified. California is especially important In California, Use the ABC Test to determine if it's really 1099. Must also meet: A. Independent in control B. The work is not part of the company's core business C. Independent business presence If not, Even with a 1099 contract, may also be recognized as an employee, Then labor laws apply. Is 1099 really completely unprotected? No. 1099 is primarily affected by: Contract Law Civil tort law Commercial Law Anti-discrimination laws (in some cases) Contract breach can be sued
Walkable small claims lawsuit Can claim unjust enrichment Just can't take the "labor grievance" road. What if I'm misclassified? If you actually work like an employee: Fixed hours Works for one family for a long time Strictly managed Misclassification can be asserted. In California, this could lead to: Replacement for overtime Reimbursement of minimum wage Fines Common scenarios in the film and television industry Many people in the film and television industry are treated as 1099, But in fact: Fixed call time Controlled by production Work is a core business There is legal controversy. Core Differentiation Summary Item: W-2 Labor law protections: Not generally applicable Salary Delay Appeal: (Go Civil)
Workers' Injury Insurance: Not usually available 1099 is a “contractual relationship.” Not an “Employment Relationship.” Conclusion 1099 is generally not covered by most labor laws. But if the actual work situation meets the definition of an employee, Misclassification may be claimed. The law looks at: Actual control and nature of work. It's not the form you signed.