I work for a company who changed their hourly rate as a result of the global virus which lead me to researching unemployment questions and after that research Iím unsure if I should be paid with 1099 as an independent contractor or W2 employee. My contract says Iím an independent contractor.
Iím a licensed massage therapist and Company ABC has their own method for massage. Company ABC requires all us independent contractors to take one class per year hosted by company ABC to keep current with the certification.
Company ABC has a sister company ABCDEF, and Company ABCDEF employs many people who are certified in their method. Company ABCDEF also has a contract with Factory 123. The independent contractor works at the location of Factory 123 to massage their employees. Factory 123 pays Company ABCDEF based on total hours worked, then Company ABCDEF keeps their cut, and pays the independent contractor an agreed hourly rate.
The independent contractors are located in many states throughout the nation, mostly all outside the state where Company ABCDEF is located.
Iíve had this job for 7 years. I work a few hours per week but can schedule time off for unpaid vacation. I supply my own massage table, Iím required to dress professionally as given by a general outline from company ABCDEF, I will lose this job if I donít take an annual ABC class, I can only owed the ABC massage method at the factory and must see in person every 30 minutes as dictated by company ABC, I cannot preform more or less work at Factory 123 without approval from Company ABCDEF and if Iím let go from the company or leave the company then I have a non compete to perform any massages at Factory ABC for 3 years.
Am I more likely an independent contractor or employee? I can answer more details if you have questions but request this remain anonymous.