Ok here is the way this works. The Federal Minimum Wage is $7.25 per hour. In the US, you must be paid at least the minimum wage for every hour you are required to be at work. This is no exception except they do not have to pay you for your lunch break. So if you are required to be at work at 8:30 AM and stay until 5:30 PM you must be paid for those hours (except for your lunch time) So let's assume you have an hour for lunch. That means you must be paid for 8.0 hours.
8 hours times 7.25= $58.00 So in this case you can not make less than $58.00 for the day of work that you are required to be there. If you have a couple of students and you get 3 hours in at $15 per hour then you will have made $45. The $45 is subtracted from the $58.00 and the employer would owe you an additional $13 for the day. If you got 4 hours of students at $15 per hour then you will have made $60 and that would be enough to satisify the minimum wage requirements and you would not be due any more--nor would you have to give back the "extra" $2 to your boss. Each day counts as a separate day and your employer can not carry over one day to another.
If you work over 40 hours per week then you must be paid overtime on anything OVER 40 hours. If you employer required you to work 8 hours a day for 7 days then you will have worked 56 hours. You would be due 16 hours of overtime at time and a half. Time and a half is $11.62 per hour at minimum wage. So if you worked 56 hours in a week, here is the
least you can make under the federal minimum wage law:
40 hours at $7.25 = $290
16 hours at $11.62= $185.92
Total pay for one week = $475.92
The employer can pick any day to start the work week. However once that day is picked it can not be changed to skirt the minimum wage requirements.
If you are required to be at your employers facility during regular scheduled hours then you are a W2 employee. You can not be a 1099 Independent Contractor in this case.
If you set your own schedule, work when you want to work and are not required to be at your employers facility during any set time, then you can be a 1099 Independent Contractor.
Your minimum wage rights can not be waived or given up by you. The law is clear on this. You must make at least the federal minimum wage. The Department of Labor enforces this for you at no charge to you. All you need to do is file a claim, in your state, with the proper department if you have not been paid the federal minimum wage. The department will vary by state, but if you call your state unemployment commission, they will be able to direct you to the proper department in your state. (even if you are not unemployed)
Here is some more information about the minimum wage:
U.S. Department of Labor - Find It By Topic - Wages - Minimum Wage
If you have been abused and not been paid the federal minimum wage then you are entitled to back wages for any amount you have not been paid the minimum wage. There is a time limit on this, so you will want to check with your local wage and hour department on this matter.
Folks, please don't let anyone take advantage of you and then not pay you for work you have performed.
Joe