2 ms·
As far as I know, that's exactly what the law in many (most?) places says. In the US, multiple states - most recently California, after a case regarding deliver
by icebraining 8y ago
As far as I know, that's exactly what the law in many (most?) places says. In the US, multiple states - most recently California, after a case regarding delivery drivers - apply the ABC Test[1], and the IRS has its own classification as well.
I mean, it's not that the contractor can't get paid less, it's that they can't be contractors at all, even if the employer claims so.
[1] https://www.law.cornell.edu/wex/abc_test https://www.law.cornell.edu/wex/abc_test
- bsenftner 8y agoAccording to the ABC Test, my entire visual effects career (15 years) was illegal.
- lsc 8y agothis is... well, yeah, a surface reading of the test is clearly not how it legally plays out, 'cause from a surface reading, almost all "contract" jobs are not. I think this is legally dealt with where I am by ensuring that everyone is an actual employee of someone... if you are a "contractor" you are actually an employee of the body shop. You get paid on a w2, and thus aren't legally a "contractor" From what i see, the body shops charge the employer 30-50% more than what they pay the employee (the range depends entirely on how good the employee is at negotiating, and tends to start closer to 50%, and move towards 30% as said employee is in the same position for a while)