3 ms·

> Yes, the law thanks, but i'm hoping for something more specific. like a us code or something. i'm skeptical that you're speaking to something that actually

by abiox 8y ago

> Yes, the law thanks, but i'm hoping for something more specific. like a us code or something. i'm skeptical that you're speaking to something that actually exists, but i'm happy to see evidence of what you're talking about. > You don’t get to enforce when and where a contractor works. i'm not sure what you mean by "enforce" exactly, other than perhaps you mean to say a contract is not allowed to stipulate that, for example, a contractor work during the day to coordinate with others, or work on-site to handle materials in a secure location, or not hand privileged or sensitive data over to unknown random people. > Where do you work? at a large company that has both employees and contractors.

Kluny 8y ago
He's talking about the actual definition of contractor according to US law. If a person does not have the right to choose how, where, when, and by what means the work is done, they're not a contractor. https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-self-employed-or-employee https://www.irs.gov/businesses/small-businesses-self-employe...
- abiox 8y ago
  this is interesting heuristic guidance on taxes, but this doesn't describe labor or contract law, as far as i can tell. your link even notes: > There is no “magic” or set number of factors that “makes” the worker an employee or an independent contractor, and no one factor stands alone in making this determination. Also, factors which are relevant in one situation may not be relevant in another.
  - Clubber 8y ago
    Here is some more. It's considered tax evasion. https://legal.uncc.edu/legal-topics/contracts/contract-checklist/independent-contractor-rules-thumb https://legal.uncc.edu/legal-topics/contracts/contract-check... https://www.consumeraffairs.com/news/employers-must-follow-strict-rules-for-independent-contractors-011315.html https://www.consumeraffairs.com/news/employers-must-follow-s... https://www.reuters.com/article/businesspropicks-us-findlaw-dont-treat-c/dont-treat-contractors-like-employees-idUSTRE53063S20090401 https://www.reuters.com/article/businesspropicks-us-findlaw-...
  - matte_black 8y ago
    > “You are not an independent contractor if you perform services that can be controlled by an employer -- what will be done and how it will be done, the IRS rule says. “This applies even if you are given freedom of action. What matters is that the employer has the legal right to control the details of how the services are performed.”

by abiox 8y ago

Kluny 8y ago

He's talking about the actual definition of contractor according to US law. If a person does not have the right to choose how, where, when, and by what means the work is done, they're not a contractor. https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-self-employed-or-employee https://www.irs.gov/businesses/small-businesses-self-employe...

abiox 8y ago
this is interesting heuristic guidance on taxes, but this doesn't describe labor or contract law, as far as i can tell. your link even notes: > There is no “magic” or set number of factors that “makes” the worker an employee or an independent contractor, and no one factor stands alone in making this determination. Also, factors which are relevant in one situation may not be relevant in another.
- Clubber 8y ago
  Here is some more. It's considered tax evasion. https://legal.uncc.edu/legal-topics/contracts/contract-checklist/independent-contractor-rules-thumb https://legal.uncc.edu/legal-topics/contracts/contract-check... https://www.consumeraffairs.com/news/employers-must-follow-strict-rules-for-independent-contractors-011315.html https://www.consumeraffairs.com/news/employers-must-follow-s... https://www.reuters.com/article/businesspropicks-us-findlaw-dont-treat-c/dont-treat-contractors-like-employees-idUSTRE53063S20090401 https://www.reuters.com/article/businesspropicks-us-findlaw-...
- matte_black 8y ago
  > “You are not an independent contractor if you perform services that can be controlled by an employer -- what will be done and how it will be done, the IRS rule says. “This applies even if you are given freedom of action. What matters is that the employer has the legal right to control the details of how the services are performed.”