The REAL bottom line is this and for those who are really in the know, they will agree.
Contractors absolutely CANNOT legally provide work to a sub-contractor AND dictate their work/work day. Simply put, what that means is they cannot do what they are currently doing. By giving you a "route" that says you have to be at this job between 8-10 and this job between 10-12 and this job between 2-4, they are indeed crossing the line between contractor and employee. Once a company dictates your work like that, you basically become an employee. As opposed to someone who does underground work and gets their "route" on a weekly basis. The difference here is an underground crew might be given work once a week and the company tells them to go do the work over the course of the next week and DOES NOT tell them they have to be at sites at specific times. See the difference???
As soon as you pick up a route from a company - any company - that demands you be there at a specified time (and don't they all), you are now by law, a common law employee. They've crossed the line. So based on this, is there ANY company that isn't doing this? How can a contracting company use subcontractors then with this scenario? Bottom line is the government hasn't cracked down on them. They need to because they're losing tax revenue they could and should be collecting from companies.
So that's the real truth. Anyone who states anything different either doesn't know better or is ignorant to the facts. But you might also get some of the "contractors" on the bar trying to tell you otherwise because they want you to work for them.
Hope this helps.
Re: contractor or employee: where's the line?
Member #: 47225
Registered: 7/9/2006
Posted:
167
Name:
Ron C
Company:
Happily Contracting
Occupation:
Jack of ALL Trades
Location:
$ Talks
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