Seeking some advice from a lawyer re: employment law and independent contractors.

[Decruiter]

I know DU is the best always for quick answers and lots of knowledge. Thanks in advance for any assitance.


I'm working for a start up company as an independent contractor. As an independent contractor, what rights do you have? Any at all?

I am witness to and a victim of a number of abuses of employment laws, but, as an independent contractor, do the laws still apply?

Hostile work environment, asking why one does not attend church (T. D. Jakes devotee-Potter's House), sexual harrassment, age, worker's compensation issues (lots of legal on this one, as in owner not paying for when he should!). This is a start up doing business in a "homeland security environment" (international airport).

Can anyone help with any advice or direct me anywhere besides a very expensive attorney or the EEOC? Or just maybe, that is who I need to seek out and who to contact, hmmm?

[TomClash]

1. Call your state department of labor

or look at their website. You don't have any rights if you are truly an "independent contractor" - though this is frequently a fraud, nothing more than a way to get around payroll taxes. It depends on the state.

[INdemo]

7. There is one company that used Independent contractors and it went

unreported for a while....They might have abandoned this practice but at one time(as early as a year ago) a major retailer was using illegal immigrants as independents sub contracted by licensed contractors to work on their construction projects.The construction unions tried with some success to end this practice in some areas.

[Fierce]

2. Is this a construction firm?

If so, contact the appropriate trade union, too. They're making a big push on 1099s in some areas.

[lapfog_1]

3. First off, are you really an independent contractor?

This is one of the most abused and least understood areas of employment law. Companies are frequently in violation by designating some employees as contractors when, in fact, they do not meet the guidelines set by the IRS.

so....

does the company provide you a work environment (office, desk, phones, etc)? Is this location your primary place of employment (you are expected to be at this location more than 50 percent of your work time)?

Who supervises your work?

As a contractor you should have a Statement of Work (SOW), do you? Is it specific as the the total work to be done and not the method of accomplishment?

Do you maintain employment (contracts) with other clients?

How are you paid? If its per hour worked, are you paid upon submission of an invoice? Timesheets? Other?

Are you responsible for paying your own taxes (no withholdings by employer), and, if so, do you file quarterly returns?

There are a number of other requirements that I'm not remembering at this time in the morning, but I'm sure you can find them online or you can contact an IRS office. Basically, most "contractors" are not, in fact contractors but rather employees... in which case you may have a much stronger legal standing from which to file EEOC complaints. Of course, you can still (as a contractor) file OSHA and other complaints about your work environment with the appropriate agencies.

[Decruiter]

4. Thanks for the responses to all.

lapfrog, what you said in your first sentence is apparently the jist of it all. From what I am beginning to understand there are lots and lots of loopholes being used and abused.

It's way too late or way too early in the am for me to go much further, I've been up and working now since 7:30am yesterday and getting ready to do it again today. Maybe not though.

[tsuki]

6. Are you told what hours to work? Do you have a contract

specifying your responsibilities?


Here's what the IRS says http://www.irs.gov/businesses/small/article/0,,id=99921,00.html

[Sen. Walter Sobchak]

5. depending on your circumstances of employment,

you could be deemed a "defacto employee" but if you go down the road it is very unlikely you will remain employed in any capacity that would be worthwhile to you. However in some states contractors are subject to the same protections as regular employees under whistleblower laws.