I don't know the answers to those questions, nor am I worried about them. We get work orders from either our prime or the cable company itself, pick them up when we feel like it, do the work within a reasonable amount of time, with our own tools, at our own risk, and get paid for it. With regard to the letter you posted at the other site (my apologies for assuming it was yours), if I were the owner of K&M I'd file for relief under Section 530. This not only applies in that case, but possibly to all installers. It's still a little vague, but from what I've read it was made a little more employer-friendly in the late 90s. An employer can file for relief under Sec 530 if the following are true:
1. They always treated the worker as an IC
2. They filed all returns (including information returns) req'd for the worker, and
3. They had a reasonable basis for treating workers as IC, which includes the following:
- A long-standing recognized practice of a significant segment of the industry in which the individual worked. This is where it was made easier on the employer. Used to be that it had to be that way for over 10 years and over 25% of the workforce needed to be treated like that. Now, there's no fixed length of time, and in no case is the employer req'd to show over 25% treated that way. Still doesn't mean the IRS will rule in favor of the employer--just something else to consider possible.
Re: Overtime pay on piece work
Member #: 40737
Registered: 9/16/2005
Posted:
123
Name:
David Schreiber
Name:
David Schreiber
Company:
Total Facility Management
Occupation:
owner
Location:
Southern IL
There is 1 reply to this message
