I just started a new job at a large horse farm as a wrangler/trail guide and I believe I should be a w2 employee, not 1099. They require me to get a business license with the state and encourage me to get workers comp and general liability insurance. I have not done this yet as I don't think it's legal. This is my only job and main source of income as I just lost my previous job.
They set my pay, my hours, I use their horses and equipment to provide trail rides for their clients. And on top of that, I am only paid for riding time and not the time it takes to brush and tack up the horses or the aftercare. For example, next Friday I have a group of 15 people who booked a 2 hour trail ride. I have to get there at 7:30am to get 15 horses ready and the ride doesn't start until 11. Then after the trail ride, I'll take all the tack off the horses and lead them back out to the pasture. I'll only be getting paid for 2 hours for potentially 7 hours of work.
How can they require me to get a business license and be a general contractor when this is my only job? I'm not starting my own business and offering these services to the public. And how can they get away with only paying for the ride time and not the prep work or aftercare required?
I plan on calling the Department of Employment and Labor on Monday, remaining anonymous and letting them know the situation without identifying the business. I don't want to cause hardship on this company if they are indeed misclassifying and not paying correct wages. But at the same time, I won't put up with it and want to pave the path for others who take a job in the future or are already working there. If I have a solid case for a claim then I may proceed with it.
Thanks for any information!
Misclassified as 1099 and unpaid wages?
byu/Financial_Bus1416 intax
Posted by Financial_Bus1416
1 Comment
You don’t want to cause them hardship and you won’t put up with being misclassified?
You’re gonna need to choose a position.