Legal Question in Employment Law in New York
I have a labor law question... I have worked for the past 16 years full time as a 1099 photographer for a major company. I've worked side by side with full time employees doing the same job with the same job guidelines, hours and expectations with no employee benefits. No paid vacation, overtime pay, cost of living increases, insurance or profit sharing. Is this legal? And if not what recourse is available to me?
2 Answers from Attorneys
This is not a easy question to answer. However, you may have been short changed with certain employee benefits that may have been accorded to the W-2 employee (e.g. participation in a retirement plan and overtime wages). Hopefully your employer contributed to your Soc. Sec. coverage. Your questions are best answered with a comprehensive evaluation by an employment law attorney that knows about the Fair Labor Standards Act and the Employee Icome Security Retirement Act plus at least four other related State and perhaps City laws if you work in NYC.
Feel free to call us to discuss this further. You may have been misclassified as an Independent Contractor and may be entitled to overtime pay and other damages.
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