In Texas, I know the state thinks that probably most jobs considered subcontractors are really employee jobs. If you would like to know what your state really thinks, just let a subcontractor file for unemployment insurance. The state will then listen to the subcontrator work details and determine whether or not they should look into the matter. My bet is the majority of the time the subcontractor would get unemployment insurance as though they were an employee. The state would then go after the prime. (My knowledge is only for residential satellite subcontractors.)
Basically to be a subcontractor in Texas one must do work for more than one customer. A contractor must not only provide their own tools, but also set their own work schedule. Once a subcontractor is expected to be onsite by a certain time and work so many days and complete so many jobs, the line between sub and employee has become extremely gray.
I expect the subs have a legitamate complaint. Work requirements, pay, etc are non issues. Knowing the law in your state is the only issue.
Re: Subs sue Bright House & Knight
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