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That would only be a reasonable analogy if the electricians did all their work in one facility for one company. One can argue that Google is the employer in thi
by jschwartzi 5y ago
That would only be a reasonable analogy if the electricians did all their work in one facility for one company. One can argue that Google is the employer in this case because the contractors have never worked for Modis in the same capacity in any other facility. Trade contractors ply their trade for many different clients on different projects. It’s distinguishable from this type of arrangement.
The “contractors” in question here have a supervisor at Google, and the pay they receive is from Google via Modis. If Modis didn’t exist to be the contracting party the employees would be indistinguishable from full time employees under Google’s employ. Arguing that the contracting relationship is all that is needed to justify this is like arguing that I can form an LLC to hold my assets and receive my salary to avoid personal income tax.