My status is this: I've been redeeming lawful money since 2010 (thank you David!!) and have been fortunate not to work since then -no bank acct, no employee status, no 1099 contractor, no filing requirements. I am a clean slate, especially for 2013 and beyond. I need to work again, and am able to work in a place of fine dining. My only intent is to do things lawfully.

I have heard that "under the table" work is not legal, but what defines that? Is it a company (entagled in state laws, taxes, etc) that pays the worker, therfore creating undocumented income? What if working for cash tips alone? The company pays you nothing, you are basically getting paid by the public... no different than a beggar or street busker on a subway, no? Can you AND/OR the company get in trouble if you and they agree on "free" work, ie. a volunteer? Must it be via private contract (and via verbage of lawful money for good measure?)

Now, what if that is not agreeable (or legal), and one still wants to work for JUST cash tips, but to keep the fine dining's accountant and owner stress free, you agree to provide a SSN, verbiage of lawful money, and expect the company to issue a 1099 (this has been offered)... How can a company claim on a 1099 they are paying you? Aren't they saying you were paid money by yet several other 3rd parties?

I am trying to place the best course of action over a time sensitive matter. I thank you all!