If it were me, I would always first:
1. File an ss-8 with the IRS
2. Go down to the labor board and take their contractor vs employee test.
Once these two offices determine my classification, I would work from ther. They both can come up with different reults, so you may have two different paths to justice. IMO, the big prize is getting classified an employee by the labor board. You could then be rewarded things like unpaid OT, pay for attending meetings, and stocking suppllys. In labor cases, you usually get double the amount the company failed to pay.
IRS troubles can be a pain for the companies as well. If you're classified an employee by the IRS, the company can also get in trouble for not paying unemployment taxes! More than likely, they will begin to look at entire company. No contractor in this business should ever feel they have no rights. The ONE good thing about this industry is, it is so crooked,that 99% of the time, the law is on our side. This is a can of worms the companies don't wont opened, and we're doing them a HUGE favor by not opening it.
Your run of the mill Cable/Sat contract is worth nothing. It will not hold up in court. You can not sign away your legal employment rights in a contract. So just because you signed a bad contract, it does not mean the terms of the contract will hold in court. For example, if your contract says you must attend meetings or training at no charge, that clause means nothing. You can not contractually agree to work for less than the Federal minimum wage!! If you are classified an employee by the labor board , the contract becomes null & void. It's like the contract never existed. So people, don't hesitate to alert the IRS and the labor board.
Us hesitating and/or not filing papers against these companies are exactly what they count on. As long as the nuber of people filing charges stay low, the risk of screwing installers is worth it to the companies. The number of filings need to increase across the board. An increased number of filings will make it where companies realize the risk of screwing is not worth the trouble they can get into with the labor and IRS. This could cause companies (HSPs/Primes) to start bidding for work at the PROPER rate. An increased number of filings also would create a hard bottom for rates. Right now the rates go as low as one can imagine. An incresed nuber of filings would "even" things out a bit and companies would then realize there is a limit on how low they can go. But the key is they have to actually think subs wil file. Right now they know the chances, as well as the number subs who will file against them, is very low.
Re: sub contractor rights
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