A waitress isn't an independent contractor.  I'm not a Kentucky attorney, but I'd be shocked if the law in your state is different enough for me to be wrong about this.  A worker can't be an independent contractor if she doesn't have some independence in how she goes about her work, if there isn't some exercise of skill and judgment usually.You need to contact the Kentucky Department of Workplace Standards, Division of Employment Standards, Apprenticeship and Mediation, who will take your information and get your employer straightened out, because it sounds like they are doing a number of things improperly, from your question.