What is the Difference Between 1099 and W2 in Texas?
Okay, so, if you’ve stumbled across our law firm’s blog because you’re wondering what the difference is between 1099 and W2 in the state of Texas, let’s discuss a few things first. Number one, nothing on our website is to be considered “legal advice”. The content, images, and videos found on our site are simply our opinions. Now, we believe we know a thing or two about employment law. Our lawyers have been fighting for employee rights for over 3 decades. Which leads to our second point, if you do wish to talk to an employment law attorney about the difference between 1099 and W2, you can call us right away at (512) 495-9995. The call is free, the consultation is free, and we’d be happy to discuss your potential legal matter.
With that said, if you’re still looking for information about the difference between the classifications of 1099 versus W2, keep reading. We’re going to talk about this, as well as other topics of concern that come up often when workers are concerned if their employment is being misclassified. Remember, at anytime should you feel the need to talk to a Texas employment law attorney, call us. Mr. David Langenfeld is a board-certified specialist in the areas of Labor and Employment Law.
Today, as we discuss the difference between 1099 vs W2 in Texas, we will also touch on the following items:
- Misclassification of employees
- Why Employers May Attempt to do this
- Common fields of work this happens in
- Potential legal options for victims
Misclassification of Employment
Misclassification of employment has to deal with how your employer classifies you. Okay, sounds redundant, we get that. Let’s make it a little simpler. When you take a job the person or company paying you must decide if you are an employee or if you are a private contractor. Now, different states have different laws governing how to classify one’s employment. The state of Texas follows the Federal Fair Labor Standards Act, or FLSA, surrounding this area of employment law. Some parts are very black and white, others are grey.
Essentially, in Texas, if a worker’s job description falls within the FLSA definition then most likely the worker is an employee. There are a lot of moving parts to this, but if you believe you may have been misclassified we strongly encourage you to contact us right away. Companies and business owners may misclassify workers on purpose to avoid paying extra wages, benefits, or for illegal tax breaks.
Determining if a Texas Worker is an Independent Contractor or Employee
The key to knowing if you’ve been misclassified and deprived of your independent contractor rights lies within how you perform the work itself. In a nutshell, we’re trying to determine if you are an actual hired employee or if you are a true independent contractor.
Simply put, in Texas, a lot of being an employee has to deal with “Direction & Control”, which itself has to do with how the person or business paying you oversees your work. If the employer controls the way you work, or get the job done, then you are technically an employee. On the other hand, say you are a personal trainer, and you pay rent to a business that then allows you to occupy a space to train your clients. You come and go as you please, you train how you want, when you want, and charge your own fees. Then you most likely are a 1099 private contractor.
Now, these are very generic examples. Remember, if you have ANY thought or concern that you are being misclassified, we strongly encourage you to contact a Texas employment law firm ASAP. Our employment misclassification lawyers in Austin, TX have decades of experience. We know how to analyze your work situation and we can advise you of your legal options very quickly.
Why Employers Attempt to Misclassify Employees
We cannot tell you for sure, but usually, it comes down to money. When business owners do unscrupulous things, especially to those who work for them, it tends to come down to greedy financial interests. Simply put, when an employer pays a 1099 private contractor, they have less financial liability and responsibility. However, when an employer hires and employs actual W2 employees, they take on more of a financial burden and have additional fees they must pay. In some cases, they may have to also purchase additional liability insurance, workers comp policies, and even medical for employees.
If you believe you’re working for a company that is improperly classifying you and your fellow coworkers, we can help. Please call us now at (512) 495-9995 to schedule a FREE, totally confidential consultation. We understand the delicate nature surrounding employment law cases. Our job is to protect you and your rights. We fight the financial justice you deserve, and above all else, we go above and beyond to protect your reputation and your position within your field of work.
Common Types of Employment that gets Misclassified
Misclassification of employment is much more common than you think. Some of the areas of employment that we tend to see misclassified often are Construction Workers, Oil and Gas Workers, Janitors, Personal Trainers, Exoctic Dancers, Hair Stylists, Security Guards, as well as Truck Drivers and Delivery Drivers.
Remember, it doesn’t really matter what type of work you are in. The misclassification of employment isn’t predicated upon what you do for a living, but how the employer oversees and directs, or does not direct, your work and job duties. This is why we always advise you to contact one of our Austin employment misclassification lawyers or one of our Houston employment misclassification lawyers. Let one of our trained and experienced Texas employment law lawyers provide you with a free consultation.
Potential Legal Options if You Believe Your Employment has Been Misclassified
You have legal rights; the state of Texas says so. People work hard so they can provide for their families. You deserve financial compensation and monetary justice if you’ve fallen victim to the disqualification of employment. The first thing you need to do is to call a Texas employment law attorney. An experienced and educated employment misclassification lawyer will analyze your situation. Then, they will help advise you of your potential legal rights.
Contacting a Local Employment Misclassification Attorney
Our law firm helps victims of employment issues 24 hours a day, 7 days a week. Just fill out our interactive contact form. One of our skilled employment law lawyers will contact you right away. The consultation is free, and the conversation is 100% confidential. We know that facing an issue at work, especially one involving your employment and potential financial issues, is stressful. Our job is to fight for you and your rights. Call us now to learn more about your potential legal rights if your employment has been misclassified.
What if there is More than One Employee Being Misclassified?
If you’re the victim of employment misclassification, chances are you’re not the only one at your company being wronged. We can help, and we understand how to handle these types of complex employment law cases. Texas has very strict FLSA laws, and we know how to protect you and your coworkers. This means you, and your coworkers, can speak out about the wrongdoings of your current employer and you cannot face retaliation (legally) from the company you work for. We call these types of cases “Collective Action” cases and we’ve handled them before. Call us right away if you and your fellow coworkers believe your employment is being misclassified.
Schedule a Free Consultation with an Employment Misclassification Lawyer Near Me
If you found our law firm because you searched “schedule a free consultation with an employment misclassification lawyer near me” at least you found a reputable and reliable firm. We’ve been fighting for the rights of employees for over 30 years. Mr. Langenfeld will personally meet with you (whether via phone, teleconference, or face to face) to discuss your potential case. Don’t delay, don’t allow your employer to shortchange you any longer. You have rights, and we know how to fight for the financial justice you deserve within the workplace.
Mr. David Langenfeld holds a near-perfect, 9.5 out of 10 AVVO rating. You can also call (512) 495-9995 to schedule a free consultation.
