Classified as Indi Contractor

Go down

Classified as Indi Contractor

Post  Actongue on Thu Oct 02, 2008 3:02 am

The place I work for classifies us as an independant contractor and Someone was saying that as an indepandnt contractor We do not follow the Standards set forth by Washington state in regards to meals and breaks even though we are paid on an hourly basis even though we are performing the same tasks as the employees that we are hired to work with.

http://apps.leg.wa.gov/wac/default.aspx?Cite=296-126-092

I Stated that the State does not classify us differently because we are still payed on hourly basis and are subjected to the laws based on that.

Also the question remains whether we are technically independant contractors or employees based on the 20 questions set by the IRS
Edit
Based on Criteria here
http://www.lni.wa.gov/TradesLicensing/Contractors/HireCon/IndContractor/Q2.asp

We are supervised by over 90 percent of the places we are employed at so that would mean that we do Follow State laws for breaks plus We are then not Technically classified as a independant contractor due to being Supervised

http://www.lni.wa.gov/TradesLicensing/Contractors/HireCon/IndContractor/Q3.asp

First question again here is we are supervised so that puts us as an employee not a independant contractor
the next 4 are a yes though and the last is that none of us have an UBI number

Supervision
Do they perform the work free of your direction and control? (See Question 2.) NO

Business office
Do they maintain and pay for a place of business that is separate from yours?
A cell phone and a truck is not enough. You need to visit his or her place of business and make sure. yes well we dont but the company does

Previously established business
Do they have an established, independent business that existed before you hired them? Evidence may include other customers or advertising. yes

IRS taxes
When you entered into the contract, was the contractor responsible for filing a business tax return with the IRS for his or her business? yes

Maintains books
Do they maintain a set of books dedicated to the expenses and earnings of the business? You can ask to review them for your protection. yes

Required registrations
Are they up to date on all required registrations and accounts? uhmm not sure
UBI number? Check Washington State Department of Revenue tax registration account. The company might not sure but none of us have a license other then health and mixology permits


Last edited by Actongue on Thu Oct 02, 2008 3:25 am; edited 3 times in total (Reason for editing : additional info)

Actongue

Posts : 6
Join date : 2008-09-29

View user profile

Back to top Go down

Re: Classified as Indi Contractor

Post  bears00 on Thu Oct 02, 2008 4:54 am

From what you have posted, it appears that you have been incorrectly classified as an independant contractor. You must fight (and win) that battle before you can seek any punitive damages for the failure to give proper breaks.

I would contact the IRS to file a complaint.
avatar
bears00
Moderator

Posts : 71
Join date : 2008-09-02
Age : 41
Location : Somewhere in Louisiana

View user profile http://www.myspace.com/anitrachapel

Back to top Go down

Re: Classified as Indi Contractor

Post  Actongue on Thu Oct 02, 2008 5:57 am

there are a fair amount of questions That we do say yes to in the IRS 20 questions so could go either way
the other Odd part is they do not show how many hours we work on our paystubs they to us with just the pay for that pay period and pay for the year yet I read by state law they have to show hours worked.

Actongue

Posts : 6
Join date : 2008-09-29

View user profile

Back to top Go down

Re: Classified as Indi Contractor

Post  ArmyRetCW3 on Thu Oct 02, 2008 8:02 pm

You would look at the IRS rules for the IRS matters such as taxes/social security. However, you must look at the US Labor rules on Independent Contractor to determine if the employer is using the correct classification...

Here is the federal labor rules for IC...
http://www.dol.gov/esa/whd/regs/compliance/whdfs13.pdf

_________________
"A veteran - whether active duty, retired, national guard, or reserve - is someone who, at one point in his or her life, wrote a blank check made payable to The 'United States of America', for an amount of 'up to and including my life.'" (Author unknown)
avatar
ArmyRetCW3
Moderator

Posts : 11
Join date : 2008-09-09

View user profile

Back to top Go down

Re: Classified as Indi Contractor

Post  JoeC (McGruff) on Thu Oct 02, 2008 8:10 pm

For I.R.S determination fill out this P.D.F.
http://www.irs.gov/pub/irs-pdf/fss8.pdf
JoeC
avatar
JoeC (McGruff)
Admin

Posts : 705
Join date : 2008-08-31
Age : 57
Location : Seattle Wa

View user profile

Back to top Go down

Re: Classified as Indi Contractor

Post  Sponsored content


Sponsored content


Back to top Go down

Back to top

- Similar topics

 
Permissions in this forum:
You cannot reply to topics in this forum