Results 1 to 4 of 4

Threaded View

  1. #4
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: 1099 Contract Workers Being Required to Wear Masks- Legal

    Quote Quoting adaquestion20
    View Post

    They do not pay full benefits because of 1099 classification, something which I'm not sure has changed due to the passage of (AB)-5.
    AB-5 codified into law the ABC test as to whether or not you are an employee or an IC. The presumption is that you are an employee regardless of the fact that you may have signed a contract to work as an IC.

    Under the ABC test, a worker is considered an employee and not an independent contractor, unless the hiring entity satisfies all three of the following conditions:

    •The worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact;

    •The worker performs work that is outside the usual course of the hiring entity’s business; and

    •The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed.

    You work for a logistics company and you are told what to deliver, where to deliver it to, and when to deliver it by the company. You are not free from control so the employer cannot prove the A part of the test.

    You do not work outside of the usual course of business of the company. You do what the company is in business to do. The B part of the test fails.

    An example would be that if you were a computer programmer and the company need a program written (not something the company is in business to do) then you would be outside of the normal course of business.

    If your only work comes from this one company and you have no other viable clientele and you would be unemployed if you lost this job, then the C test fails.

    You are misclassified and so is anyone who works for this company as an IC doing the same work that you do.

    Read it for yourself.

    What you and your co-workers do about is up to you and them. You could just wear the mask and keep making a living knowing that you have a claim against the company.

    1. Sponsored Links
       

Similar Threads

  1. Contracts and Agreements: Legal Consequences of Requiring Independent Contractors to Wear Uniforms
    By mooni in forum Independent Contractors
    Replies: 30
    Last Post: 02-20-2016, 05:49 PM
  2. Discrimination: Can You be Required to Wear a Costume at Work
    By mcclaren89 in forum Employment and Labor
    Replies: 9
    Last Post: 01-21-2016, 10:20 AM
  3. Federal Taxes: When do 1099 Workers Have to Pay Taxes
    By nwhite_2015 in forum Tax Law
    Replies: 12
    Last Post: 01-20-2015, 03:07 PM
  4. New Business with 1099 Workers
    By mtlyon4 in forum Independent Contractors
    Replies: 7
    Last Post: 05-27-2010, 06:39 PM
  5. Job Duties: Required to Wear Button Promoting Employer's Business
    By BlueCrystal in forum Employment and Labor
    Replies: 6
    Last Post: 02-02-2007, 01:03 PM
 
 
Sponsored Links

Legal Help, Information and Resources