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In what world do you live in? If you hire a contractor to work on your house and you don’t like the way they’re tiling your bathroom you have every right to dic

In what world do you live in? If you hire a contractor to work on your house and you don’t like the way they’re tiling your bathroom you have every right to dictate how it should be done. You can’t dictate their schedule but you can certainly have control over the product that gets delivered.

majormajor 3y ago
The parent commenter may have been referring to California's three-prong test that's been in the news a lot recently around things like Uber. https://www.labor.ca.gov/employmentstatus/abctest/ https://www.labor.ca.gov/employmentstatus/abctest/ There's a lot of fuzziness in that particular test around how it's interpreted as "A worker who is subject, either as a matter of contractual right or in actual practice, to the type and degree of control a business typically exercises over employees would be considered an employee." But there's also an exceptions for "Single Engagement Events" that would cover most things like handyman or home contractors. https://www.nolo.com/legal-encyclopedia/exempt-job-categories-under-californias-new-ab5-law.html https://www.nolo.com/legal-encyclopedia/exempt-job-categorie... But in California, once you engage someone in a recurring manner with hours and work that quacks like a full time job, then you need to look into it (there's a ton of special cases and other exceptions too).
chickenpotpie 3y ago
Yes, because I'm not a company. It's the same reason why if I pay my nephew $5 to mow my lawn, I'm not violating minimum wage laws. The law in the United states is that employers may not tell contractors how to do their job or else they'll be considered employees. I'm not an employer.
- Animats 3y ago
  Yes, you are.[1] "Domestic workers are entitled to the minimum wage, with the exception of babysitters under the age of 18 and the employer’s parent, spouse, or child." Not nephews, cousins, and other more distant relatives. This is California. Federal law has the "McDonald's Exception", enacted in 1996. [2] "A special minimum wage of $4.25 per hour applies to employees under the age of 20 during their first 90 consecutive calendar days of employment with an employer." [1] https://www.dir.ca.gov/dlse/DomesticWorkerBillOfRights-FAQ.html https://www.dir.ca.gov/dlse/DomesticWorkerBillOfRights-FAQ.h... [2] https://webapps.dol.gov/elaws/faq/esa/flsa/003.htm https://webapps.dol.gov/elaws/faq/esa/flsa/003.htm

majormajor 3y ago

The parent commenter may have been referring to California's three-prong test that's been in the news a lot recently around things like Uber. https://www.labor.ca.gov/employmentstatus/abctest/ https://www.labor.ca.gov/employmentstatus/abctest/ There's a lot of fuzziness in that particular test around how it's interpreted as "A worker who is subject, either as a matter of contractual right or in actual practice, to the type and degree of control a business typically exercises over employees would be considered an employee." But there's also an exceptions for "Single Engagement Events" that would cover most things like handyman or home contractors. https://www.nolo.com/legal-encyclopedia/exempt-job-categories-under-californias-new-ab5-law.html https://www.nolo.com/legal-encyclopedia/exempt-job-categorie... But in California, once you engage someone in a recurring manner with hours and work that quacks like a full time job, then you need to look into it (there's a ton of special cases and other exceptions too).

chickenpotpie 3y ago

Yes, because I'm not a company. It's the same reason why if I pay my nephew $5 to mow my lawn, I'm not violating minimum wage laws. The law in the United states is that employers may not tell contractors how to do their job or else they'll be considered employees. I'm not an employer.

Animats 3y ago
Yes, you are.[1] "Domestic workers are entitled to the minimum wage, with the exception of babysitters under the age of 18 and the employer’s parent, spouse, or child." Not nephews, cousins, and other more distant relatives. This is California. Federal law has the "McDonald's Exception", enacted in 1996. [2] "A special minimum wage of $4.25 per hour applies to employees under the age of 20 during their first 90 consecutive calendar days of employment with an employer." [1] https://www.dir.ca.gov/dlse/DomesticWorkerBillOfRights-FAQ.html https://www.dir.ca.gov/dlse/DomesticWorkerBillOfRights-FAQ.h... [2] https://webapps.dol.gov/elaws/faq/esa/flsa/003.htm https://webapps.dol.gov/elaws/faq/esa/flsa/003.htm