Erik Reuter wrote:
>
> On Sun, Mar 30, 2003 at 03:17:29PM -0600, Julia Thompson wrote:
> > Erik Reuter wrote:
> > >
> > > On Sun, Mar 30, 2003 at 12:40:36PM -0600, Julia Thompson wrote:
> > >
> > > > If they set your hours and you have to work at their facility, they
> > > > can't make you a contractor or consultant.
> > >
> > > So on Monday they just say "here is a list of things to do, get them
> > > done by Friday at 5pm". They aren't setting your hours, so they can call
> > > you a contractor/consultant and avoid all the rules. I guess?
> >
> > Only if you can do them somewhere other than on their premises and don't
> > provide you the equipment with which to do it all. :)
>
> So you meant "or" rather than "and"?
I'm a little fuzzy on it, sorry.
If it's a manufacturing job, then unless you're in a supervisory position
(which is more broadly defined in the newer regs than it was before),
you're hourly. If it's a white-collar job, then you've got fewer
protections, and you've got a better chance of having the ability to do it
off-site.
But if they put you into the contractor/consultant category, then they've
got less of a legal leg to stand on if they try to restrict you.
Say you're doing bookkeeping for a company, they fire you and then
contract with you as a consultant. If you could get all the work done in
under 40 hours a week on average, you could probably pick up a little
other business on the side. (Say there's a smaller company that just
needs their payroll stuff handled.) If you're a contractor/consultant,
the first company can do a lot less to prevent you moonlighting than they
could if you were an actual employee.
Julia
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