Might as well tell ya my 2 cents
Although we been before labor boards and I am sure things change. So do your homework.
Signed Contract and invoicing by the sub helps but NOT a shield for the prime by no means.
Few rules of thumb apply:
1: If you (sub) cannot loose money, you most certainly ARE an employee.
2: If ever you are told a distinct start time or stop time by the prime contractor.
3: If you are directed by the prime contractor as to exactly how the work must be done or order in which the work must be done.
Note "the prime contractor" cannot, however, the Client (Cable Company) may enforce a certain standard.
Somewhere in the sub-contract agreement there MUST be similar verbiage stating
<They (prime) does not care by what means the job gets completed, They (prime) ONLY care about the results thereof>
There are a few others but no use in writing a book here, this is already tooo long :-)
A prime that has even 1 (one) sub deemed an employee has a MAJOR problem. The prime could and most likely will have to pay taxes and SS for all subs working
at that time and all that worked for him for several years.
Hopefully this will help answer your question and help some primes.
Have a GREAT DAY
