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> Postmarked couriers aren’t required to report to any supervisor, and are free to work as much or as little as they want with no set work schedules, according
by extralego 8y ago
> Postmarked couriers aren’t required to report to any supervisor, and are free to work as much or as little as they want with no set work schedules, according to the majority ruling.
“Control” here is falling prey to the freedom fallacy; something we should expect a judge to overcome.
Because the employee’s value is only known to the employer and the employer’s value only to the employee, the only calculable control is in the exchange.
If the employer pays the employee up front, the employee has control. Otherwise, they don’t.
Independent contractors manage this with a per-job contract only good for liability, but not control. The difference between an employee and an independent contractor is merely in the nature of the agreement over time. “Control” has nothing to do with it.
What am I missing?
- pkaye 8y ago> If the employer pays the employee up front, the employee has control. Otherwise, they don’t. Does that mean the contractor that comes to work on your house is your employee?
- deleted 8y ago[deleted]
- NegativeLatency 8y agoThey might be if you were a copration, but you are a private individual.
- colechristensen 8y agoSo I can hire a personal assistant and manage every minute of their day and call them a contractor?
- ShabbosGoy 8y agoYes. That’s what made Tim Ferriss famous.
- graeme 8y agoControl means control in how you do the work. I think you're thinking of control in terms of power dynamics?
- extralego 8y agoI see what you mean. I just think that’s so different in every trade, and the “control” part that is consistent at all are the extreme ones... the power dynamics I guess? Everything else is just making decisions in response to particulars; anything under the sun.
- traek 8y ago> “Control” here is falling prey to the freedom fallacy; something we should expect a judge to overcome. What is the "freedom fallacy"? A quick Google search only turned up a book with that title which questions liberal feminism.
- extralego 8y agoSorry! I just meant the mistake in which people equate freedom with not having other people “controlling” them. The conflict is usually in that with what is considered freedom comes the restrictions of responsibility.
- walshemj 8y agoThis is "Control" as it applies to employment law the "legal" meaning of words can have means not really related to non legal use. For example "employee" and "worker" are two separate legal entities.