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I don't understand the implications of the second item in the test: "doing work that isn’t central to the company’s business." How does this apply to business-
by sidlls 7y ago
I don't understand the implications of the second item in the test: "doing work that isn’t central to the company’s business."
How does this apply to business-to-business contracting arrangements, especially in the world of software engineering? Businesses hire contract labor from vendors all the time--are those laborers to be considered employees of both the vendor and hiring company now?
- CydeWeys 7y agoIn most B2B contracting arrangements, the contractors are full-time employees of the contracting firm, and get their benefits from that company. (This was my first job out of college.)
- sidlls 7y agoYes; I've done this myself. It's also not uncommon for individuals to contract themselves out through a shell corporation. The test as indicated in the article doesn't say anything about this kind of B2B arrangement, though. Why wouldn't this law apply to individuals in this case?
- CydeWeys 7y agoThe law is about classifying individual contractors as employees. It's not going to re-classify employees of one company as employees of another.