Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
NOT if it is used for an EMPLOYEE, which is defined under state and federal statutes. When it is used that way, knowingly, it is for the purpose of defrauding the State and US government, as well as the employee.
It is used by many crooked employers as a way to lower costs.
In my situation, I was clearly an employee under any "test" the government applied, and the state Labor Board agreed, which is more like a civil decision. The penalty would have to be taken up by the district attorney, who, to date doesn't have the manpower.
If you apply to work for me, and you sign an independent contractor agreement - you are just that.
In that independent contractor agreement we can agree as to what your duties are. That ICA can specify the number of hours you are expected to work. The ICA can state the time periods of the day the work is to be done (i.e. 8 to 5).
Just because an employer has independent contractors does not mean they are "crooked" - not by any means.
And, once again, even absent an ICA, no employer is legally obligated to provide benefits such as vacation or medical etc.
There are many jobs in the US that require fluency in a foreign language.
And they are?
Certainly not the jobs available for the majority of citizens. Well, not until recently as everone is expected to learn Spanish because we cant hurt the illegals feelings by actually expecting them to learn English.
If you apply to work for me, and you sign an independent contractor agreement - you are just that.
In that independent contractor agreement we can agree as to what your duties are. That ICA can specify the number of hours you are expected to work. The ICA can state the time periods of the day the work is to be done (i.e. 8 to 5).
Just because an employer has independent contractors does not mean they are "crooked" - not by any means.
And, once again, even absent an ICA, no employer is legally obligated to provide benefits such as vacation or medical etc.
Of course there are legitimate Independent Contractors and Emloyers, didn't mean to imply otherwise, HOWEVER, what determines an employee vs "independent contractor" is not a piece of paper between the employer and his "worker" -- it is the actions taken and required. You'd better know the difference (I assume you do) because IF you tell me I have to work an 8 hour day AND tell me It is 8 - 5, you just made me an employee, irregardless of any "agreement" which just became invalid.
And there are required benefits, such as worker's compensation insurance, unemployment insurance . . .
Of course there are legitimate Independent Contractors and Emloyers, didn't mean to imply otherwise, HOWEVER, what determines an employee vs "independent contractor" is not a piece of paper between the employer and his "worker" -- it is the actions taken and required. You'd better know the difference (I assume you do) because IF you tell me I have to work an 8 hour day AND tell me It is 8 - 5, you just made me an employee, irregardless of any "agreement" which just became invalid.
And there are required benefits, such as worker's compensation insurance, unemployment insurance . . .
Ah you better study the IRS rules re ICA - I can tell you the work has to be done during certain hours -
And Workers comp and UHI, while paid by the employer are not "benefits" is the strictest sense -
I was CLEARLY referring to Vacation, sick leave, health insurance, retirement benefits and so on - no employer is legally required to do this by LAW - Contract - Maybe. Law? No
Ah you better study the IRS rules re ICA - I can tell you the work has to be done during certain hours -
And Workers comp and UHI, while paid by the employer are not "benefits" is the strictest sense -
I was CLEARLY referring to Vacation, sick leave, health insurance, retirement benefits and so on - no employer is legally required to do this by LAW - Contract - Maybe. Law? No
The example was between 8 - 5 AND an 8 hour day, which tells me to be there at 8:00 (1 hour lunch entitlement) and to leave at 5. Of course, that's only a minor point, and I DO know the IRS requirements and test. And MAYBE you could slip by if that was your only indiscretion . . . .
And WC and unemployment ARE benefits . . . you pay for them for your employees, right?
Pilgrims Pride's statement is a copout if I ever read one. With that many illegals working at their plants they were hard up for bodies to work that Americans do not care for money or no money. It is inconceivable that they hired people who did not speak English if at all. What about filling out application forms in English. The type of clothes they wear are of of mexico style. I am American and I wear clothes that identify me as such. In Mexico City and here in Baja I still stand out as American in appearance. It is no different with them. It is their culture. A person going to another country be it Legal or Illegal is still going to dress as they always do. It is a RED flag. I personally do not feel sorry for them (Pride) as they knew the consequences if caught. Gosh, wonder if they supply KFC? Stefhen
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
.
