SOUTH CAROLINA WAGE & HOUR LAWYERS

INDEPENDENT CONTRACTOR MISCLASSIFICATION

Independent contractor misclassification is a significant problem for employees.  You should not rely on the fact that you are issued a Form 1099, instead of a W-2 Form to determine whether you are truly an employee or independent contractor.  Instead, courts look to the nature of the relationship between the “contractor” and the “employer” to determine whether it is more like an employment relationship or whether it is more like a contractor relationship.  Perhaps the most important factor is the level of control an “employer” exerts over the contractor. If you are unsure about your status, you should contact an employment misclassification lawyer as soon as possible.

UNPAID WAGES

The South Carolina Payment of Wages Act (“SCPWA”) governs the payment of employee wages in South Carolina.  Wages include almost all amounts that employees receive including salary, hourly pay, commissions, bonuses, and vacation/holiday/sick leave which is due under any policy or contract.  Recently, South Carolina courts have also held that “wages” may include tips that tipped employees are paid for purposes of the SCPWA.  If you have questions about unpaid wages you believe you are owed, you should contact an employment law firm familiar with the Payment of Wages Act as soon as possible.