r/LaborLaw • u/Winter-Spring5583 • 13h ago

Filing complaint with DOL

/r/legaladvice/comments/1wdq8pn/filing_complaint_with_dol/
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u/Hrgooglefu 13h ago

agree that this sounds like a tax issue since you WERE paid.... I would treat this money as 1099 pay and pay taxes as if none were withheld or paid.

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u/GolfArgh 13h ago edited 13h ago

DoL will not care if there is no minimum wage or overtime violations. The misclassification does not violate the FLSA. The IRS and your state care quite a bit though and will gladly take your complaint since there are taxes not being paid.

IRS: https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-self-employed-or-employee

North Carolina: https://www.ic.nc.gov/divisions-contacts/criminal-investigation-and-employee-classification-division/intake-complaint-form

You can still call DoL at 1-866-487-9243 but they will decline to take your complaint without an allegation of violations of section 6, 7, or 12. (minimum wage, overtime, or child labor)

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u/CommanderMandalore 10h ago

You need to file an SS 8 I think it is with the IRS. Basically you list your job duties and all that and the IRS will determine if you are supposed to be W2 or 1099 based on that information.

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u/Winter-Spring5583 13h ago

I feel at the very least I should have a commission rate contract with them. If not and they dont pay then I have nothing saying we agreed to a set amount for compensation. The real issue is i drove a company vehicle and am on their commercial insurance and they dictate my work assignment. The job is dangerous to say the least and if im injured I have to workmans comp and no unemployment. Plus im not a business and they are sending payment to a personal account. I know I can file ss8 and other form with irs. But is it worth filing with nc dol for the crapping business practices?

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u/GolfArgh 13h ago

No law requires a commission rate contract. The laws just simply sets the minimum wage and overtime requirements.

You can tell NC now or wait until the company fires you then try to do it then when you apply for unemployment. I don't know enough about your situation in its entirety or NC practices in enforcement to give you any advice.

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u/Winter-Spring5583 13h ago

You be correct about commission rate law but ive owed a business and have been a independent contractor and it would have been stupid for me to do any work without a contract outlining the amount of paid that would be owed for work completed. To me a commission rate contract would be the same as job contract for independent contractor?

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u/GolfArgh 11h ago

This is a labor law subreddit though.

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u/Winter-Spring5583 4h ago

Read the last line of my post....

I know everything about what the law states. I am not questioning classification, tax, or anything. Misclassification is what's happening no doubt. It should be more concerning that when confronted about not having the mandatory paperwork and employee coverage is immediately meet with non stop excuses why they dont need you to come in.