My question involves labor and employment law for the state of: NY
Just started new job and found there is an employee who is receiving both a W-2 and 1099 and feel this is not correct. Employee is hourly and works 40 hours during the week as a secretary. The partners are required to send letters to clients and all the partners, except one, draft and send the letters themselves. One partner refuses to do this and dictates the letters. This employee then takes the tapes home and types the letters, charging by the page. The practice pays her through accounts payable and the partner reimburses the practice through a payroll deduction. At year end the practice sends out a 1099 for the extra work. Am I correct in thinking since this work is clearly for the practice, is paid by practice check, and the practice issues the 1099, she would be entitled to claim overtime if she ever complained to the DOL or it was discovered during an audit? Would this also expose the practice to fines and Workers Comp issues? The partners have asked me for my opinion and was wondering what you, the experts, think. I have limited research capabilities so any cites of case law on point would be helpful.
Thanks.

