Had to file 1099 - independent contractor. Very common to home healthcare workers. Cases went to US Supreme Court, new Labor rules, regs. have been issued and my boss has decided not to fight the fight anymore. I jumped on the W-2 bandwagon as soon as we were told they would now hire us as employees. That move alone will reduce my taxes about 7-1/2%. As an independent contractor I had to file as an employer (of a non-existent business) and pay FICA taxes for my one employee (me). As an employee (of my non-existent business) I had to pay the matching employee FICA taxes. Total: approximately 15% in FICA taxes. I'd rather have the taxes go out on a paycheck to paycheck basis.
You were getting hosed. You could get his butt in hot water if you were in reality an employee. No way $9/hr will cover your costs to be in business. You could probably collect if you hauled him in front of a judge. Unless he files bankruptcy. If he did that here Labor & Industries would use him for a door mat.
I tried to do a double quote/reply but obviously screwed that up. Ludley also had a good post. I didn't have a business, so no business expenses. Didn't have a home office, use my phone for business purposes, no business cards - nothing. I suppose I could have claimed mileage but at roughly 9 miles round trip from my place to my lady's place - shit - not worth my time in keeping track of it. True, I had the option to do quarterly payments but it's risky if someone dies or there's a reassignment of jobs and you don't make enough to keep up those quarterly payments as they should be.
I have a good accountant - worked for her and her dad as a tax season temp when I first moved out here - they told me I would have fee free accounting since they considered me "an employee" even though I was on a temp agency payroll. Her dad was a retired IRS auditor and they followed current IRS rules and regs. very strictly. So, no hosing there. Having people working as independent contractors is not illegal, so no grounds for suit. What happened is that a year or so ago, DOL changed the
classification of home healthcare workers so that we weren't in the same class as teen aged babysitters - who definitely don't have a boatload of "employment benefits." That classification change created a firestorm for agencies, some unions of some kind, and independents as well as employees. Several lawsuits were filed, some went to the Supreme Court and DOL has issued new rules and regs. Some agencies may still keep the independent contractor stance for awhile, but the one I've been with has decided not to fight the issue anymore - and have taken some great steps that will be beneficial to all of us. There is also a difference between "privates" (a friend of a friend type situation) and "agency" workers. My advice would be "bite the bullet and pay the agency."