My guess is that this will happen nationwide and it should just to protect employees. Right now besides the tax problems, if you get hurt on the job you are screwed.
Nail on the head. No matter how you look at this, it's immoral
I have insurance and besides, if I get hurt its part of the job, my fault or not. Its not greg's job to hover and make sure I don't stick my hand in the chop saw or watch for a ladder to fall or something, its a F*cking shop, **** happens. the tax problems is all im worried about.
Its nobody's job to look after your actions, unless it has to do with OSHA law. You are required to be informed of hazards in the work place. Things like shop towel waste storage, hazardous material storage, fire extinguisher locations, haz-mat item list posted, business tax license posted among other things, however, you have legal rights, under the statutes of the Department of Labor, under the OSHA division, that ARE your employer's legal responsibility to abide to, if they want to have actual legal employees working for them.
Talking with your employer may only lend you to the devil's advocate, if they are not obeying the laws. I wouldn't trust their opinion, because if they are in question, they are clearly not the experts and they are not a neutral party. Get it from someone who deals with it on a regular basis. The IRS has offices with free consultations that do not obligate you to penalization, if or when you set up and have a consultation.
Here is what I know, after talking with an entire team of tax preparers and the IRS, as well as what is shown in DOL's government website;
If
any one of these apply to you, you do NOT qualify as a contractor or subcontractor for a 1099 tax form.
- You have all or a majority of your income, coming from a single source.
- Abide to hours set by the business, and not by you.
- Abide to pay terms that were set by the business, and not by you.
- Work a majority of the time at a location that is set by the business, and not by you.
- Perform tasks within the job that are chosen by the business, and not by you.
Essentially, unless you have complete control over everything, you are not calling a contracted bid and you are not a contractor in the eyes of the IRS, DOL or any other branch of the US Government.
Yeah Dave I agree with you all the way about not perpetuating a problem , hindsight is always 20/20 eh , like I said it sounds like you have been able to move into a better situation and in my own hindsight my suggestions are really better suited to someone who hasn't been tagged by the system yet , and to those I say buy a couple of invoice pads and generate some small jobs completed , pay the pittance in tax on them and cover your backsides , the government let us construction subs know back in the nineties they were gunning for us because we are probably the largest group of small business owners who still do a lot of work for cash or barter .
The IRS is a good place to go with questions. The DOL is not after employees. They are on your side, like you said.
Cover your ***. It's certainly not your job to do it for your employer, whether they know better or not.
