Can the Boss Man Do that? What are My Rights?
Can the Boss Man Do that? What are My Rights?
Sadly, independent contractors
have few rights aside from being paid what they were promised. However, many
workers who are called independent contractors are really employees, and as
such deserve to have the rights of employees.
If you're getting a 1099 tax statement rather than a W-2 and
don't have taxes taken out of your check, you're being treated as an
independent contractor.
When you're not being treated as an employee, you lose
advantages and protections such as rights to overtime pay, rights to minimum
wage, rights to Workers' Compensation, rights to unemployment insurance,
protection against discrimination, right to union protection, and employer
contribution to social security.
How do you determine whether you should be treated as an
employee or a independent contractor? Well, there are two main tests used to
decide what your status should be. The Internal Revenue Service uses a
"right to control test". The Fair Labor Standards Act (FLSA) uses an
"economic reality test". The answers of BOTH tests are evaluated
together to determine a worker's status. No one test decides the outcome either
way.
If you believe your boss is wrong to treat you as an
independent contractor, you can obtain advice from a Worker center or contact
the Department of Labor. If you're wanting unemployment benefits, an IRS
determination is usually accepted in most states. When you file the SS-8 form
with the IRS you should get a decision in six weeks.
It's also a good idea to see if your particular state uses
their own test to decide who can be classified as an independent contractor.
I had no idea that independent contractors get mistreated so often. They lose out on so many benefits that regular employees get. My husband is looking into being an independent contractor, but maybe we will have to reevaluate our options. Thanks for the information.
ReplyDeleteBrooke Bowen | http://www.ahwatukeebrian.com/ahwatukee-realtor-brian-adamski/