Misclassified contractor waiting time regular rate of pay?

[PayrollHRGuy]

My contract is a price list for the different packages I do. It lists only some of my duties not all, but I was previously an employee before I became a vendor. It literally says duties: then only lists two principal duties. I get payed per project they give me. There are different options that add time worked that I get paid more for. It states I use my own equipment and that I’m being hired as a freelance producer that will be paid only as required.

See you even think you are an IC or as you state a vendor.

 

[Not IC]

See you even think you are an IC or as you state a vendor.

That’s what they call us. I am a misclassified employee they control everything. Unlike my questions here I fit in exactly to the definition of misclassified employee. I have joint employers actually.

 

[eerelations]

That’s what they call us. I am a misclassified employee they control everything. Unlike my questions here I fit in exactly to the definition of misclassified employee. I have joint employers actually.

If you have more than one client, that means you're even more of an IC than we previously thought...

 

[Not IC]

If you have more than one client, that means you're even more of an IC than we previously thought...

I never said I have more than one client. I am contracted to my previous employer as a “vendor”. I receive one check a month from them. The projects they give me are from one of their clients. This client is the reason I almost quit. They control everything about my job my time, I work on their premises with their staff, there is a “manager” present all day that manages us, they make us attend their meetings, they delegate how we do our job, they have the power to fire, they market and get the customers, they control everything, they set all the rules, they make us wear their uniforms, they review our work, both companies have employees that do what I do....everything flows through the company I’m contracted to from this client. Also I’m pretty sure this client has an idea of what they are doing and they are trying to avoid tax. It’s obvious with the way they treat their own employees with regard to avoiding overtime and rest and meal breaks...I believe they are joint employers. Also I never technically quit my job they offered me a contract per project as a vendor to try and keep me because everyone started quitting. Also I signed a nda that prohibits me from working with any competitors for no specified amount of time possibly forever. Also I receive my schedule at the end of the month for the entire next month. It’s hard to even get a part time job or to schedule advanced weddings. Most people want you to commit to filming their wedding months in advance. If I commit and that day is super busy and they need me to come in it’s possible I could lose my job or they would retaliate in some way like giving me less work.

 

[justalayman]

From what I can see residents of Guam do not pay us federal income tax nor are the covered by the US FLSA. Since the decisions of whether an employee is based on opinion statements from the controlling entities for those two issues as well as common law (law suits), I believe you are left to whatever Guam law determines. I know I am ignorant on Guam law and I suspect most others here are as well.

What that means is it’s unlikely anything you’ll hear here will be meaningful to your situation.

 

[Not IC]

From what I can see residents of Guam do not pay us federal income tax nor are the covered by the US FLSA. Since the decisions of whether an employee is based on opinion statements from the controlling entities for those two issues as well as common law (law suits), I believe you are left to whatever Guam law determines. I know I am ignorant on Guam law and I suspect most others here are as well.

What that means is it’s unlikely anything you’ll hear here will be meaningful to your situation.

Guam mirrors the federal tax code. We are subject to federal law. We pay federal tax same as anyone and we still can’t vote for president. Anyway the flsa applies here if that’s not enough majority of it is written into local law. If under flsa you can collect double your unpaid wages if under Guam law you can collect triple.

Local laws

http://www.guamcourts.org/CompilerofLaws/gca.html

 

[Not IC]

So the other issue I’m having trouble with is determine my regular rate of pay and damages. As I said I do project based work. There are different packages for different prices. Some include more time worked so they are more expensive. I’m pretty sure I’m due unpaid wages for standby time and no rest or meal breaks. There are other auxiliary duties that might be compensable, but I’m not sure. How would my regular rate of pay be calculated? Could they just say the price per project is inclusive of all auxiliary duties? Some of the related principal duties happen days before the actual principal duty.

 

[justalayman]

Guam mirrors the federal tax code. We are subject to federal law. We pay federal tax same as anyone and we still can’t vote for president. Anyway the flsa applies here if that’s not enough majority of it is written into local law. If under flsa you can collect double your unpaid wages if under Guam law you can collect triple.

Local laws

http://www.guamcourts.org/CompilerofLaws/gca.html

From what I’ve read you do not pay US federal tax

From guamtax.com


The U.S. Congress created the Territorial Government of Guam as a separate taxing jurisdiction by enactment of the Organic Act of Guam in 1950. Section 31 of the Act provides that the income tax laws in force in the United States shall be the income tax laws of Guam, substituting Guam for the United States where necessary and omitting any inapplicable or incompatible provisions. The U.S. Internal Revenue Code with such changes constitutes the Guam Territorial Income Tax Law.
This is from irs.gov

If you are a bona fide resident of Guam during the entire tax year, file your return with Guam. This applies to all bona fide residents who are citizens, resident aliens, or nonresident aliens of the United States.

You do not file your tax return with the US Federal IRS



While the laws are copies of the US tax laws, the use of Guam replaces United States. The irs code has been similarly altered.


You have also proven the US FLSA doesn’t apply. If in Guam you can collect treble damages where the US FLSA demands double damages, that alone proves it is not the same law.

But if you want to argue the US FLSA applies:

There are no federal laws requiring lunch breaks or any breaks for most workers. Due to that you wouldn’t be due anything for not being afforded lunches or breaks. Any break laws are for specific jobs such as truck drivers and train engineers as well as a few other very specific occupations.



If applying US law, you wouldn’t be due anything other then your contracted pay. To be able to make any other claim you would have to have your work ruled that you are an employee. You can think you are due the moon and the stars but until somebody in an authoritative position rules that you are an employee, you aren’t due anything.

 

[Not IC]

From what I’ve read you do not pay US federal tax

From guamtax.com


The U.S. Congress created the Territorial Government of Guam as a separate taxing jurisdiction by enactment of the Organic Act of Guam in 1950. Section 31 of the Act provides that the income tax laws in force in the United States shall be the income tax laws of Guam, substituting Guam for the United States where necessary and omitting any inapplicable or incompatible provisions. The U.S. Internal Revenue Code with such changes constitutes the Guam Territorial Income Tax Law.
This is from irs.gov





You do not file your tax return with the US Federal IRS



While the laws are copies of the US tax laws, the use of Guam replaces United States. The irs code has been similarly altered.


You have also proven the US FLSA doesn’t apply. If in Guam you can collect treble damages where the US FLSA demands double damages, that alone proves it is not the same law.

But if you want to argue the US FLSA applies:

There are no federal laws requiring lunch breaks or any breaks for most workers. Due to that you wouldn’t be due anything for not being afforded lunches or breaks. Any break laws are for specific jobs such as truck drivers and train engineers as well as a few other very specific occupations.



If applying US law, you wouldn’t be due anything other then your contracted pay. To be able to make any other claim you would have to have your work ruled that you are an employee. You can think you are due the moon and the stars but until somebody in an authoritative position rules that you are an employee, you aren’t due anything.

I’m sorry but we do pay federal tax. Yes we file our returns locally. The organic act turned Guam from a colony into a “self governing colony” with limited power. Federal law applies here you can also search flsa lawsuits on google or Eeoc lawsuits in Guam and the marianas. The flsa does apply here the collection of treble damages is just an overlapping local law for unpaid wages. We have two separate courts the local and the federal. Also the rest/meal laws are local and would be due if I get reclassified. Anyway I’m not arguing against having to be reclassified by someone in authority. I agree with you on that. I’m confident that’s the easy part. The hard part is determing wether justice is worth more or less than the status quo. I don’t think I’m owed the moon and the stars, but I’ll take the closest thing I can get. Also the whole story is to long to tell these companies are foreign companies taking advantage of employees and breaking laws. These are large companies and there are a lot of others like me. If I’m right since I know other things they’ve done wrong and since it could turn into a class action lawsuit they might settle.

 

[justalayman]

To your last statement;

We have laws against extortion in the US.

 

[justalayman]

And argue all you want but residents of Guam do not pay is federal tax.

Do you make the checks payable to the IRS? Are refunds issued by the US IRS?


This is from Quora;


[QUORA]Guam is a U.S. Territory and most Guam residents are U.S. Citizens. But for the most part, Guam residents do not pay U.S. Federal Income Tax. Rather, they pay a "mirror image" tax to the Guam government.[/QUORA]


Additional info from Quora:

When an individual living in Guam files his annual tax return, he uses forms identical to those used in filing a U.S. Federal Tax return. The annual tax is determined exactly the way it would be if the individual was filing a Federal Return in one of the U.S. States. However, the return, is filed with the Guam Government, not with the IRS. Any income taxes owed are paid to the Guam Government, and the Guam Government is responsible for paying any refunds that might be due.

Your laws have Guam in place of United States. If you were governed by the same laws and the us federal gov, Guam would not replace United States in your laws.

So, you do not pay us federal tax. You pay Guam taxes even though they are styled identically to the us taxes.

 

[Not IC]

And argue all you want but residents of Guam do not pay is federal tax.

Do you make the checks payable to the IRS? Are refunds issued by the US IRS?


This is from Quora;


[QUORA]Guam is a U.S. Territory and most Guam residents are U.S. Citizens. But for the most part, Guam residents do not pay U.S. Federal Income Tax. Rather, they pay a "mirror image" tax to the Guam government.[/QUORA]


Additional info from Quora:

Your laws have Guam in place of United States. If you were governed by the same laws and the us federal gov, Guam would not replace United States in your laws.

So, you do not pay us federal tax. You pay Guam taxes even though they are styled identically to the us taxes.

Quora isn’t the best reference. Yes we pay the irs with check or money order if your a business owner and owe federal tax. As employees we pay social security/fica it comes directly out of our checks. If your an employer it’s your job to withhold federal taxes and local taxes, match federal taxes and send in to the irs. We pay local and federal tax. Often times federal mandates require the local government to pay out tax returns for people who pay little to no tax like earned income tax credit. When we file our tax returns there is a section that we send to the irs with payment if your self employed.

 

[Not IC]

To your last statement;

We have laws against extortion in the US.

I’m not retarded. I meant they wouldn’t want to go to trial and would probably settle. I guess settling a lawsuit without having to go to trial is extortion?