4 ms·
There is very little downside for the employee to be classified as such rather than as a contractor. The vast majority of the downside is for the employer. I'm
by organsnyder 7y ago
There is very little downside for the employee to be classified as such rather than as a contractor. The vast majority of the downside is for the employer.
I'm a W-2 employee at the company I work for, and they don't dictate my hours.
- DaiPlusPlus 7y agoDon’t forget the “exempt” vs “non-exempt” status for W-2 workers though.
- organsnyder 7y agoThat impacts whether you're eligible for overtime pay. Given that contractors are never mandated to receive overtime pay, a contractor position can never be superior in this regard.
- seanmcdirmid 7y agoExempt status also impacts whether your hours are fixed or not. If they tell you that you must be in the office from 9AM to 5 PM, then you aren’t exempt.
- DaiPlusPlus 7y agoThey can have “core business hours” though - but they can’t dock your salary if you don’t comply with those hours.
- dragonwriter 7y ago> If they tell you that you must be in the office from 9AM to 5 PM, then you aren’t exempt. That's not correct; the difference is that failure to fulfill such a requirement is a discipline issue (which can be dealt with by discipline up to an including termination), but not a pay issue based on hours worked as it would be for a non-exempt hourly employee. https://www.lexology.com/library/detail.aspx?g=1b7b6851-8415-4148-9deb-20675f879ec5 https://www.lexology.com/library/detail.aspx?g=1b7b6851-8415...
- Axsuul 7y agoThat's because your employer is choosing not to dictate your hours on their own volition. But an employer has every right to exercise that and that's the talking point.
- esoterica 7y agoIf you decide to not work for 2 months without telling anyone do you think you would still be employed? Because neither Uber nor Lyft would stop you from doing that.