1099 or w2 for a live-in 24/7 caregiver

I have been taking care of my brother-n-laws grandmother for over a yr. I have 17yrs experience with cna training. last week I was given a 1099 with the total of wages plus and extra $7000. added on for lodging and meals. I had my own apt but let it go in August of last yr because. I wasnt getting any days off. I was basically forced to stay 24/7for As of Feb. 2012 a family member comes and stays so I can have 1 day off a week. the are they required to follow the wage and overtime law? and also be giving me a w2 and not a 1099? And now they want me to pay rent and buy my own food. I cannot leave the lady I care for alone and I get up every 2 to 3 hrs every nite to help her. and if a family member cannot stay 24 hrs they will only stay from 9pm to 9am and I work 9am to 9pm they tell me the 12 hrs I get once a week at nite is my day off and I get half pay. they pay me 100. a day then today they tell me they want me to find a partime job pay rent and buy food and take care of their grandmother. I live in CA.
emeraldmist
Asked Mar 13, 2012
Edited Mar 13, 2012
You have a bundle of issues here. To make a long story short, you may only qualify as an employee, not a contractor. One of the tests for a contractor (1099) is whether you're free to work for more that one person. How could that be possible? If you are an employee, they would have to pay the minimum wage, withhold taxes and pay half of your FICA and Medicare. You may also be entitled to overtime and they could be required to pay workman's compensation and unemployment insurance.

Make an appointment at your local IRS office and see what they say. It's free and they will help you sort it out. There may be some special provisions in the law for family situations I'm unaware of but it sounds to me like they're making the law up the way they want it.

http://www.irs.gov/businesses/small/article/0,,id=99921,00.html
Rob
Answered Mar 13, 2012
Edited Mar 13, 2012

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