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  1. #11
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,900

    Default Re: I Think I知 an Independent Contractor in Contract

    Let's put it this way.

    If the OP is an employee, then yes, the employer can legally require that he attend morning meetings. Even if he is OT exempt, there is nothing in the law that says the employer cannot control his time. Nothing in the law says that OT exempt employees get to set their own hours. It may be unwise if this is cutting him off from potential contacts. It may be poor management. But it is legal.

    If the OP is an IC, there there is nothing inherently illegal about requiring him to to attend morning meetings, with the same qualification. It might or it might not serve as evidence that he is mis-classified. But there is nothing in the law that says IC's can't be required to attend meetings, either.

  2. #12
    Join Date
    Feb 2008
    Posts
    1,113

    Default Re: I Think I知 an Independent Contractor in Contract

    At this point, it is unclear as to exactly what the status is since many Outside Sales (exempt) employees might have an agreement/"contract" that would look like an IC but isn't truly. Because they are paid on commissions and aren't due Min Wage/OT. I agree that the OP needs to clarify that he isn't an Outside Sales employee. After that it's going to depend a bit on more details that we don't have yet.

  3. #13
    Join Date
    Nov 2013
    Posts
    6,217

    Default Re: I Think I知 an Independent Contractor in Contract

    The main test as to whether or not someone is an IC or an employee is if the company directs the activity of the person. That is true in all the states. If there is no project, there is no termination of the task, and the company directs the activities then they are an employee. The requirement to participate in a daily sales meeting is evidence enough to say that the OP is an employee.

    An Independent Contractor is hired to preform work that is not part of normal work of the employer. Someone that sells a product of the employer is conducting the exact purpose for which the employer is in business for. That makes them an employee.

  4. #14
    Join Date
    Oct 2016
    Posts
    2,878

    Default Re: I Think I知 an Independent Contractor in Contract

    There isn't one main test. There are three Behavioral Control, Financial Control and Relationship of the Parties.

    That said I don't think for a second that this guy should be an IC. Mainly because the odds are simply against it and IC is so often abused. But if they meet all the other standards to be an IC having to go to a meeting everyday isn't alone going to make him a W-2.

    And since it hasn't been posted recently.

    From the IRS on the issue.

    Behavioral Control: A worker is an employee when the business has the right to direct and control the work performed by the worker, even if that right is not exercised. Behavioral control categories are:

    Type of instructions given, such as when and where to work, what tools to use or where to purchase supplies and services. Receiving the types of instructions in these examples may indicate a worker is an employee.
    Degree of instruction, more detailed instructions may indicate that the worker is an employee. Less detailed instructions reflects less control, indicating that the worker is more likely an independent contractor.
    Evaluation systems to measure the details of how the work is done points to an employee. Evaluation systems measuring just the end result point to either an independent contractor or an employee.
    Training a worker on how to do the job -- or periodic or on-going training about procedures and methods -- is strong evidence that the worker is an employee. Independent contractors ordinarily use their own methods.
    Financial Control: Does the business have a right to direct or control the financial and business aspects of the worker's job? Consider:

    Significant investment in the equipment the worker uses in working for someone else.
    Unreimbursed expenses, independent contractors are more likely to incur unreimbursed expenses than employees.
    Opportunity for profit or loss is often an indicator of an independent contractor.
    Services available to the market. Independent contractors are generally free to seek out business opportunities.
    Method of payment. An employee is generally guaranteed a regular wage amount for an hourly, weekly, or other period of time even when supplemented by a commission. However, independent contractors are most often paid for the job by a flat fee.
    Relationship: The type of relationship depends upon how the worker and business perceive their interaction with one another. This includes:

    Written contracts which describe the relationship the parties intend to create. Although a contract stating the worker is an employee or an independent contractor is not sufficient to determine the worker’s status.
    Benefits. Businesses providing employee-type benefits, such as insurance, a pension plan, vacation pay or sick pay have employees. Businesses generally do not grant these benefits to independent contractors.
    The permanency of the relationship is important. An expectation that the relationship will continue indefinitely, rather than for a specific project or period, is generally seen as evidence that the intent was to create an employer-employee relationship.
    Services provided which are a key activity of the business. The extent to which services performed by the worker are seen as a key aspect of the regular business of the company.

  5. #15
    Join Date
    Nov 2013
    Posts
    6,217

    Default Re: I Think I知 an Independent Contractor in Contract

    Make yourself a hot cup of tea and watch a good movie on TV. You are rambling. There is no light between an IC and an employee. And no contract will change that in the mind of the state.

    If a person that the company classifies as an IC gets terminated and then files for unemployment insurance, the test will be applied and if the employer has not been paying unemployment payments for that person, well they will be liable to pay the back unemployment payments. The same is true for workman's comp insurance.

  6. #16
    Join Date
    Sep 2010
    Posts
    19,000

    Default Re: I Think I知 an Independent Contractor in Contract

    ...or the person files an SS-8 or otherwise tries to assert to the tax man he shouldn't be treated as a contractor.

    However, we've not heard back from the original poster how his employer is treating him (hence my question about whether he's getting withholding or not). I suspect that he doesn't really care. It would seem is only real question is can he duck the mandatory staff infections.

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