And to pick on law makers, if you have to already be in the business to
be considered a contractor, then how the heck do you get your first client?
On 03/05/2014 04:07 PM, Forrest Christian (List Account) wrote:
Directly on point for you:
http://dlr.sd.gov/ui/publications/independent_vs_employee_fact_sheet.pdf
"South Dakota Codified Law 61-1-11 states to be considered an
independent contractor,
a worker must be both free from direction and control and have an
independently
established business. Since other state and federal agencies may have
slightly different
definitions of independent contractors, their criteria may not apply
to South Dakota
Unemployment Insurance.
The courts have defined both portions of the South Dakota statute. The
first portion of
the statute concerns control. Although individuals may have freedom of
action in the
way work can be performed, control can still be exercised through
other means such as
written or verbal agreements or a contract. What really matters is who
has the legal
right to control the outcome of the work.
The second portion of the statute concerns whether the individual is
customarily
engaged in an independently established trade, occupation, profession,
or business.
The word independently means a trade, occupation, profession, or
business must be
established independently of, and exist separately from, the services
rendered to the
alleged employer. The present tense "is" indicates the individual must
be engaged in
such independent activity at the time of rendering the service to the
alleged employer. "
The linked .pdf has more information, and I'm sure state government
will help you further...
-forrest
On Wed, Mar 5, 2014 at 11:39 AM, heith petersen <wi...@mncomm.com
<mailto:wi...@mncomm.com>> wrote:
So, we finally got our former local tech set up at his office at
his new home 3 hours away. He has tunnel access into our net,
access to billing and his VoIP phone tied to our switch to make
and receive calls on our local lines, just like he did when he sat
10 feet from me. So next is to fine tune things.
We dumped him as a regular employee and moved to contract labor
with no benefits, basically bumped him to a level where his pay
per hour covered what he received via benefits, like insurance and
vacation. Makes it easier for the accountant as she just cuts a
check and doesn't have to deduct taxes, however it now becomes his
responsibility to claim wages and pay the taxes.
What we are working on now is management. My boss wants him to log
everything he does and pay from there, but to me that seems to be
a lot of work. We have a web based time clock, but I already have
issues with techs forgetting to clock in or clock out, I cant
imagine it would be better having a guy clock out after every
single support call. Our phone system can log time on the phone
and where the calls went to, but of course a guy can be busy
updating firmware and re-configuring equipment without being on
the phone.
The guy really only wants to clock 4 hours a day, but I need him
available off an on during the day. He is unique and he could sit
at home all day. I would almost just pay him 4 hours flat a day to
sit and have him there and available, but the bosses want to pay
him for only what he works, which I think puts more load on us
deciphering logs to see what he actually worked.
Anyways kind of a first for us, and maybe a last. Just wondering
what others, if any, have done. I don't want to lose the guy
because he takes care of a lot of stuff when I am gone and I don't
have to train him.
thanks
heith
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