[SML] Titles

dale dale at cybercom.net
Wed Jun 21 19:53:40 UTC 2017


    
The whole employee versus individual subcontractor has gotten a lot more complicated due to the way that Microsoft abused that distinction back in the 90s.   And more recently the cases of the various package delivery companies abusing the independent subcontractor status.   
Basically they would on paper treat the people as subcobtractors, putting all the payroll taxes, insurance costs, and so on onto the individual.   In practice, they were treated exactly like any other employee, except they were easier to fire since there was no fair labor laws that applied.  Both groups sued and won retroactive employee status, and the companies had to cough up all the taxes and benifits and fines.  
There are us federal laws that apply, and state and local laws that vary all over the place.  Definitely not one size fits all. 
Dale 


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-------- Original message --------
From: Bill Nelson via Stagecraft <stagecraft at theatrical.net> 
Date: 6/21/17  15:06  (GMT-05:00) 
To: Stagecraft Mailing List <stagecraft at theatrical.net> 
Cc: billn at peak.org 
Subject: Re: [SML] Titles 

> Note: If someone is designated as a 'Director', then any over-hire or
> occasional workers MUST be carried on the books as 'EMPLOYEES' and not
> 'Independent Contractors'. Someone 'working under the direction of someone
> else' is, by definition, an EMPLOYEE for Workers Compensation, FICA, FUTA,
> SDI, Social Security, and other purposes, so the title chosen may effect
> the tax and other liabilities of your organization.
> /s/ Richard

I don't think titles matter that much. What DOES matter is how tasks are
assigned and supervised.

If the task work schedule/hours etc are determined by a company employee, then
the person assigned the task must be classified as an employee.

If a task is assigned and the work schedule/hours are left to the person
assigned the task, that person may be classified as either an employee or a
contractor.

At least, that is how it was a decade or so ago when I was a full time HP
employee at a site that used a lot of independent contractors.

Bill



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