1099ing a bartender?

B

BLahey

Well-known member
Greeting all, this has nada to do with filming, just questioning my cheap-ass boss.

So, one of my co-workers called me earlier, and said our boss will 1099 us for the 2008 tax year. Now I just don't think this is legal for a bar to do. I have never heard of any bar/restaurants employees being 1099ed and i think there is a reason for that. Being the tv biz I am well aware of 1099 for a show is cool, and I accept this. but for a bar with 5 employees, a physical location, and insurance I just think it is b.s. It is almost identical to 1099ing waitresses. Does anyone know the ins and outs of this.

My main concern comes down to insurance. Employees are covered under the establishments insurance,correct? Should I now worry if someone gets in a wreck/fight/DUI and sues. Can they now sue me as a person?
any input, loopholes or evil schemes would be appreciated.
thanks
'b
 
What's 1099?
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One of its uses is as a tax document that US employer must give their independent contractors at the end of the year.

BLahey, that does sound fishy. Wish I knew the ins and outs, but I'd only say to contact the IRS or FL Labor board...? Seems if you're a full-time employee being paid by the hour and getting benefits, that automatically removes you from contractor status, but that's just preliminary speculation on my part.
 
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Well if he is 1099 you will most likely need to get a Business license and pay tax for that to your city...

technically you are your own business and the bar is a client of yours.
 
You can look it up on the IRS site, but it sounds like you may be an independent contractor who received more than $600 for services during the tax year, or thereabouts. Is that correct?
 
You do NOT want to be 1099'd. You'll have to pay an additional 15% self-employment tax if that happens. I freelanced all of last year, so all of my income is 1099-based. Fortunately, I saved enough for taxes. But for you, that's a load of crap. Your boss is just trying to avoid payroll tax.
 
well, I just hired an accountant for 1 hour! e.g. I am paying her to spend an hour looking into this...
It is a total load of crap assuming he goes through with it. but since i have badluck by nature,(i shall tell the tale of of my wallet thieving girlfriend in my next short) it will probably be legal. again, the legal aspects of this seem shady.
this being the case i may start a LLC and write off everything.
if not, i am very employable...
 
I am not 100% on this and IANAL, but if you are 1099 then you are not required by law to do things the way your boss says to and in the time he says it should take. That is one of the main not tax and money differences. He has to pay you for the contracted time even if you get done early as well as having no legal recourse if you get the agreed upon services done and the final outcome is the same as agreed upon then the method used is your choice. This is the true meaning of Independent Contractor. While I agree you are most likely getting screwed a week or 2 of his Independent Contractors getting the job done in ways that he can't stand and not being able to fire them on that basis because of your contract status. Oh yeah make sure to get a "Contract" as you will be a "Contractor". :-Laugh(DBG):
 
kgimedia said:
I am not 100% on this and IANAL, but if you are 1099 then you are not required by law to do things the way your boss says to and in the time he says it should take. That is one of the main not tax and money differences. He has to pay you for the contracted time even if you get done early as well as having no legal recourse if you get the agreed upon services done and the final outcome is the same as agreed upon then the method used is your choice. This is the true meaning of Independent Contractor. While I agree you are most likely getting screwed a week or 2 of his Independent Contractors getting the job done in ways that he can't stand and not being able to fire them on that basis because of your contract status. Oh yeah make sure to get a "Contract" as you will be a "Contractor". :-Laugh(DBG):
Click to expand...

yup, I have a 4 hour daily minimum in my contract for a few clients that way i dont end up going in everyday for 1 hr... But on non production days i will sometimes bill less then 4 or if i am meeting with another department in the company.
 
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