what does the law say

[dskicatt]

What is the name of your state? Iowa I have worked fulltime for a small monument company for three years. my starting wage was 9 dollars per hr. I now make 10. I told my employer that I thought that I deserved a weeks pay for vacation. He doesnt take taxes out of my checks and gives me a 1099 or something like that at the end of the work year. he turns my wages in as contract labor, I am not an independent contractor, anyway he gave mea check for $125.00 for a vacation check, do I have any rights,I havent filed taxes for any of the three years that I have worked there. I don't want to get into any trouble , can you please give me some advise, thank you
D.S

 

[Beth3]

If you are getting a 1099 at year-end, that means your earnings ARE being reported to the State and federal government and at some point in the not-too-distant future, the IRS IS going to come after you for not filing tax returns, for any income taxes you owe, plus interest, plus penalties. Rather than wait for that to happen, I strongly urge you to consult with a tax advisor and get this straightened out and your back taxes filed. Yes, you may still owe penalties and interest but it's sure better if you initiate getting this fixed than wait around for the government to come after you. Every month that passes by, the penalties and interest are getting higher.

A tax advisor can also determine whether the company has to treat you as an employee rather than as a contrator. My guess is that it's quite likely the company is violating the law by not paying you as an employee, withholding taxes, and making a matching social security contribution on your behalf.

Now as to your question, "do I have any rights?" Rights for what? No laws obligate your employer to provide you with a paid vacation, even if you deserve one.