Any independent contractors? I work for a firm that pays a base salary. Any hours I clock above my base salary, I’ll get 33% of my hourly rate. I’m a first year associate. Is that about normal?

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We can’t have 1099 lawyers in Florida because it violates client confidentiality. You can only share confidential info with employees

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That doesn't make sense. Expert witnesses are not employees. They receive confidential information.

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Are you W-2 or 1099?

Congratulations on 1099 cause you can write off expenses and pay less taxes

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...you're getting a salary on a 1099? They switched you from w2 to 1099 all of a sudden?

What was the explanation for the switch? Are you sharing office space and now setting your own rate? Can you come and go as you please? Can you pick your cases? Did they explain your new self employment taxes obligation? My guess is you aren't an independent contractor, they're just trying to get out of employment taxes. IRS website has lots of info on how they look at w2 vs 1099, but going from w2 to 1099 with no substantive changes in the relationship is a huge red flag. If I'm right, get ready to file form ss-8 with your taxes for 2020 and start looking for a new job...

I'm an employment lawyer/tax dork and my spouse's former employer pulled this on him his last year of work. It was a mess to deal with

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Mischaracterization of independent contractors a big deal in California, a new uber type law went into effect. So take care about that. Seems like the deal is a bit if a carrot, which may be eaten by the tax man depending if you are w2 or 1099. Have heard this happening in big companies for employees above a certain level, and it is sold so that the worker may actually be better off for income. What of benefits?

I was informed of the pay structure during the hiring process. They’d start me on salary until I had enough work to justify this 1099 incentive plan. My coworkers and supervisor be talk to me about the change in taxes - none are taken out now.

I was really curious if any other law firms had this type of pay structure at their facilities?

All the attorneys in my office are on this “incentive plan” and are 1099s. The support staff receive an hourly wage/salary and W2.

The pay structure itself isn't unheard of, it's the 1099 that's unusual. Nothing you've said suggests you're correctly classified as an independent contractor, but obviously I don't know all the facts. Good luck...

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