Omg you're right - we definitely go over 40 hours some weeks when there are more houses or deep cleans scheduled. I didn't even think about the overtime angle! How did you go about filing with the Department of Labor? Was it complicated?

Filing with the Department of Labor was surprisingly simple. I went to the DOL website and filed a wage complaint through their online system. You just need to provide details about your employer, your work hours, and how you were paid. After I submitted the complaint, a DOL investigator contacted me within a couple weeks. I shared my time records (I had kept my own log of hours worked in a notebook), and copies of payment records. They handled the entire investigation and calculated what I was owed. The whole process took about 3 months, but they recovered all my unpaid overtime plus damages.

While some workers might prefer contractor status for the deductions, that's not how tax law works. The IRS has specific criteria for worker classification regardless of what either party "prefers." If a worker meets the employee criteria (like OP clearly does), classifying them as a contractor is illegal tax evasion. Also, in this case, the workers can't even claim mileage deductions since the company provides the vehicles and pays for gas! They're getting all the downsides of contractor status (higher self-employment taxes, no benefits, no protections) with none of the advantages.

Wait really? I've been driving for UberEats for 6 months and only counting miles when I have food in the car. So I can count ALL the miles when I'm logged into the app and available for deliveries?

Yes! Any miles driven while you're actively working (logged into the app and available) count as business miles, even if you don't currently have a passenger or food in the car. The IRS considers this "on the clock" time. The only miles you can't count are your personal trips or your commute to your starting point before logging in. But once you're logged in and working, those "empty" miles between rides or deliveries are absolutely deductible business miles. This is a huge thing many drivers miss! Make sure you're tracking all those miles - it can make a big difference in your tax bill.

I was worried about the same thing last year, so I asked my brother-in-law who's an accountant. He said just make sure you have good documentation for your mileage. Like a detailed log with dates and miles. The IRS knows rideshare drivers have high expenses, especially with mileage, so the low taxable income by itself isn't a red flag. Just make sure you can back up your numbers if they ask.

That's a relief to hear! I've been using MileIQ to track all my driving so I should have pretty good records. I guess I was just shocked at how much difference the deductions made. Thanks for the reassurance!

That's really helpful! So technically even if my divorce wasn't finalized until July, if we were living separately since 2022 and I meet those other criteria, I could potentially file as Head of Household? How would I document this if I get audited?

Yes, exactly! If you were living separately since 2022, and you meet all the other criteria I listed, you could potentially qualify as Head of Household even before the divorce was finalized. For documentation, keep records showing separate residences (lease/mortgage documents, utility bills), proof you paid more than half of household expenses (receipts, bank statements), and documentation showing your children lived with you for more than half the year (school records, medical records, childcare receipts). Also maintain any legal separation paperwork or documentation showing when your spouse moved out.

This is a really good point. I live in Missouri and they required me to use the same filing status for state and federal after my divorce, but I have a friend in Kansas who was able to file differently. Definitely check your specific state rules.

Thanks for confirming this happens in other states too! It's so confusing because tax software doesn't always warn you about this state-specific stuff. I spent hours redoing my returns last year because of this exact issue.

Is there anyway to estimate mileage after the fact if you didn't track it? I did some driving for Uber Eats but totally forgot to log miles.

Yes, you can estimate your mileage after the fact, but you need to be reasonable and have some basis for your estimate. If you have delivery history in your app, you can use that to reconstruct your mileage. Most delivery apps keep a record of your deliveries, so go through your history and map out the routes you took. Remember that you can count all business miles - driving to pickup locations, to customers, and returning to busy areas after deliveries. Just be careful not to include personal miles. If you're audited, the IRS will want to see some documentation, so create a log now with your best estimates and note that it's reconstructed. It's not ideal, but it's better than not claiming the deduction at all.

Keep ALL tax documents for at least 3 years after filing! That's the standard period the IRS can audit you. Some people recommend 7 years to be extra safe. Your tax person is right - don't throw them away!

Thanks for sharing your timeline! Was your refund status showing "approved" for a while before it hit your account, or did it change straight from "received" to "sent"?

It actually showed "approved" for about 3 days before changing to "sent." Once it switched to sent, the money was in my account the next morning. The Where's My Refund tool was pretty accurate in my case.

Does the time of day matter for when refunds hit accounts? Mine's supposedly coming tomorrow but I'm wondering if it'll be midnight or sometime during business hours.