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Employee Rights Question?
My little brother has been delivering Chinese food for a local dive for over a year. He was telling me how much he gets paid and I believe he may have grounds for a lawsuit. He works four twelve hour shifts per week for a daily flat rate of 50.57. He is given 1.35 per delivery. He uses his car, pays for gas and insurance. He is not taxed and receives no overtime. He is paid cash daily. He says the 1.35 covers gas and nothing else. Out of 34 deliveries he earned ten dollars in tips yesterday which is average. Hes barely paying his bills and if he loses his job there is no last check or unemployment. Is this grounds for suit? They pay him as an independent contractor but treat him as an employee.
He said they collect at the end of his shift which means he can be carrying up to 500 dollars on him in dangerous neighborhoods. I told him if it were me I would wait til it was almost closing and I had a pocket full of cash, then go home and pay my bills for a month or so then start looking for a new job. They would have no recourse. He could say hes withholding it in lieu of back overtime pay or simply say nothing at all, its not embezzlement if hes not an employee.
@HD If hes not an employee its not really theft. He was given the money and as an independent contractor can set his own rates, they just went up. They dont have any info on him besides name and address. When the cops asked he could say I never worked there, if they said he did theyre claiming he was an employee by which he should have received ot.
@ George. As an independent contractor he should be allowed to set his own hours to a degree and his own rates. He is being treated as an employee. If he leaves for an hour to get a tire changed they deduct that hour from the 50.57. Hes expected to arrive at a certain time and do the work in the order hes told.
3 Answers
- wizjpLv 78 years agoFavorite Answer
he's working off the books.
tell him to quit and get a real job.
It sounds like he is being treated as a 1099 employee.
"They pay him as an independent contractor
So it's a deal between him and them to work.
"They would have no recourse. He could say hes withholding it in lieu of back overtime pay or simply say nothing at all, its not embezzlement if hes not an employee."
no..it's theft, they accuse him, he gets arrested......dumb as hell... and he's still an enployee; a contract employee.
- GeorgeLv 78 years ago
Under Federal Labor Laws an employer that hires an independent contractor for a set contracted wage/salary (ie) (50.57 daily flat rate) are not required to pay overtime nor required to withhold taxes.
Under the 1099 tax laws The independent contractor is responsible to pay their own applicable Federal and State Taxes on their wages and/or tips either quarterly or annually.
Independent Contractors are required to pay for their own gas,car insurance and any other job related expenses, many of which are able to be claimed as Tax deductions.
In many states Independent contractors are not eligible for Unemployment benefits.
Independent Contractors include such hourly/salaried/commission jobs as
Delivery Drivers
Motor Route Carriers
Commercial local/longhaul Truck Drivers
Tow truck drivers
Agricultural workers
and certain domestic jobs.
NOTE: (((If hes not an employee its not really theft))))
Being an independent contractor Your little brother is legally a CONTRACTED employee...contracted by the company to deliver their pizza orders.
When he takes posession of the pizza he is legally responsible for delivery of those pizzas and returning the collected money to the company according to his employment contract.
If he steals $500 he will be arrested for Grand Theft which is a felony and he will not even be able to get a pizza boy job let alone a better paying job....
Theft is theft even when you cant grasp with your tiny mind that a INDEPENDENT CONTRACTOR is an EMPLOYEE
((( as an independent contractor he should be allowed to set his own hours to a degree and his own rates.))))
Not if he agreed to the terms of their Employment CONTRACT....then he must follow their terms not his terms.
Reference Contractual Law.
Source(s): FLSA (Fair Labor Standards Act) Wage and hourly devision. - HDLv 78 years ago
nothing he can do, he's not an employee. if he steals the $ he'll be charged with theft. again, he isn't an employee so he's not entitled to overtime pay.
