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Yup, and Washington state specifically does not allow tip credits. Tips in WA are always on-top or hourly wage. (Which is why even a terrible bartender in Seatt

• dabockster 8y ago
  But as soon as someone 1099's you, you're out of luck. Found this out the hard way when I got 1099'd by a startup I was working for in 2017. The IRS has a mechanism on the Federal level to fix things enough to avoid the higher tax burden, but WA state explicitly requires a W2 from an employer for even the most basic of unemployment benefits (the determination letter from the IRS apparently doesn't count).
  • vxNsr 8y ago
    So go the other way and report them for abusing 1099, for 1099 to be legal they can't even directly give you any hardware, you need to pay for it yourself, I think there are even laws about using their desks.
    • dabockster 8y ago
      What I'm trying to say is that even if you report them for 1099 on the federal level, you do not necessarily convert to "employee" status in a state's eyes. This has an impact on your ability to file for unemployment, tax burdens, etc. You'd think that the federal opinion would influence the state's, but there's a breakage.
• zjaffee 8y ago
  Also add on the fact that in Seattle the tipped minimum wage is 12/hr, where you only need to serve 20 dollars an hour worth of food in order to be making above minimum wage with tips should you also be busing your own tables.