4 ms·
> And yet your quote doesn't even mention scheduling or the concept of time. If you drill down[1] on that page to "Behavioral Control," you'll find : "An empl
by culturestate 7y ago
> And yet your quote doesn't even mention scheduling or the concept of time.
If you drill down[1] on that page to "Behavioral Control," you'll find :
"An employee is generally subject to the business’s instructions about when, where, and how to work. All of the following are examples of types of instructions about how to do work.
- When and where to do the work."
> This is not true. Please don't spread falsehoods in public like this.
I'm not sure it's fair to classify a widely-accepted interpretation of the law as a "falsehood" but anyway, according to this[2] it seems that at least one court agrees that security guards are not independent contractors if they meet the above-linked criteria:
"A Louisiana federal district court has granted a motion approving a confidential settlement in a collective action by New Orleans security guards under the federal Fair Labor Standards Act...They claimed that the company had complete control over how, when and where the guards performed their work; set the guards’ work schedules; and required the guards to wear uniforms with the company’s logo."
1. https://www.irs.gov/businesses/small-businesses-self-employed/behavioral-control https://www.irs.gov/businesses/small-businesses-self-employe...
2. https://independentcontractorcompliance.com/2017/11/06/october-2017-independent-contractor-misclassification-and-compliance-news-update/ https://independentcontractorcompliance.com/2017/11/06/octob...