Storme has discribed an "employee" situation and the relationship he has with his employer is defined. As an employee, Storme understands that although he might get out of the field most days at 4pm, IF ....again ... IF his boss calls and tells him he HAS to pick up another install, Storme knows that he's rolling to go install it at 4:30 ...even though he thought he was done for the day. Storme also knows if he tells his boss "Hell no!! ...I'm done" .... Storme won't have a route tomorrow. Storme is on the clock and being paid as an employee and that's the arrangement. It's all cool and good with Storme.
NOW ........
Same situation, but ..... the (quote)"employee" .... was told, has agreed to being, and from his point understands that's he's a 1099 sub-contractor. That "boss" can only ask for him to pick up that extra job for the day. Doesn't mean the contractor HAS to pick it up. The sub-contractor only has to meet the scope of the project. I.E. - MSO installation standards, arriving for scheduled appointment times (usually a window of time), and what to expect for handling of paperwork. HOW it all gets done and in what order is up to the sub-contractor. As long as install standards are met, deadlines are met, and documentation is up to snuff. The MSO and PRIME can't say schnitt.
IF the MSO or PRIME over-step those bounds on a constant and daily basis ... then the sub-contractor is NOT a sub-contractor and is actually an employee and is due all rights of an employee.
Such as time and 1/2 for overtime.... any and all health, medical, dental or other employee benefits that the primary employer offers it's employees. The biggie for misclassified employees is the overtime. As a case of fact ... Google for the settled lawsuit of the Department of Labor -vs- Pratt Communications of California. Pratt has to pay over 100 current and past "employees" thier backpay for overtime violations totaling about $350k. That prime was playing games and got caught with thier hands in thier "employees" pockets when it came to overtime.
Educate yourselfs folks .... Some won't be affected. Others will and need to protect yourselfs from the outfall and impact of this and all laws. Change jobs, change employers, change careers. I made a change to protect my family and kids. I'm happy about it.
Re: There are laws to stop from being ripped off..
Member #: 35888
Registered: 2/1/2005
Posted:
1013
Occupation:
Poor Driven Cable Worker
Location:
Planet Earth
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