Hired As Independent Contractor, but Received W2

[ValinFL]

My question involves independent contractors in the state of: Florida

I was hired to sell advertising for two different magazines, one brand new, one established - same company. I was hired as an Ind. Contractor, and was not paid for 1.5 months until I finally got a commission check. When I did get paid, there were taxes taken out due to a gas allowance I was able to finagle out of the owner. Simply put, I worked for the company for almost 4 months full time, running my keister off selling ads, using my own car, insurance etc. and now I just got a W2 with all my income with taxes taken out.

So, I guess my question is this - am I due back pay since I was treated as a regular employee but not paid as one? Four months of work equaled approx. 560 hrs of work, with total pay of $1900, which comes out to $3.39 an hour, and about $600 of this was for gas!

I do know that I have learned a great lesson from this - no more commission based jobs!

Thanks for listening and any advice on this matter!

[Mr. Knowitall]

Did you ask the company why they issued you a W2 instead of a 1099? What did they say?

[SChinFChin]

If it is a question of receiving a W-2 and treated as an employee, and from that, not receiving the minimum wage, then most states have a "Labor Department" you can file complaints with.

[ArmyRetCW3]

If it is a question of receiving a W-2 and treated as an employee, and from that, not receiving the minimum wage, then most states have a "Labor Department" you can file complaints with.

Florida does not have a Labor Dept - You may have to put a claim thru the US Labor Dept-Wage Hour Division

[Betty3]

Agree, you can file a claim/complaint with the US DOL or try suing them in small claims court.