There are different angles one can approach this topic. This first link is the IRS test. The IRS will go after the company for all the taxes they have avoided by mis-classifying a worker.
http://smallbusiness.findlaw.com/business-forms-contracts/form1-21.html
This next one is the one that would crush this industry if enough people used it. This is the Dept of Labor test. Going this route workers can go after companies who mis-classify and chargeback workers. This and other things that are very popular in this industry violates the FLSA. Chargebacking employees is against the law. Going this route then makes you eligible for OT payments that werent paid to you while you were working for the company as a misclassified contractor.So if this test deemed someone an employee they could have money awarded to them for chargebacks, back pay on OT, and a few other things.
http://www.dol.gov/esa/regs/compliance/whd/whdfs13.htm
Re: Contractors and sub Contractors rights
There is 1 reply to this message
