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IC with assigned hours?? - GotTheTShirt
Posted: Aug 09, 2010
I thought "IC" meant you worked the hours that met YOUR needs. You're already taking a hit on benefits and taxes, so it would seem that schedule flexibility would be the only reason to opt for IC status. I applied for a job that was IC with hours of "any time." When I interviewed for it, they had very specific hours they wanted their ICs to work - all crappy. I saw another IC job today that was "flexible" but farther down in the ad it stated "third shift full-time." This is flexible?? My husband said "any time" probably means "any time they want you to work." Hah - funny if it's not you I guess. Anyone familiar with new IRS rules that allow this? I used to have a company of ICs and they were true ICs - paid them well and they worked their butts off but on their terms. Everyone benefited - but it seems to be a thing of the past.
IRS Rules - Terry
[ In Reply To ..]This is only 1 of the IRS rules. I think the IRS uses a 20 rule guideline and if the MTSO only breaks one of them I don't think they will get into trouble.
3-rules - mt2long
[ In Reply To ..]If you refer to the link below, there's a form you can fill out to determine your status.
It's mistaken thinking that you cannot be told you are needed XX hours if you are an IC. Would you like your painter showing up at midnight to paint your livingroom? Of course not. You want him when you need him there, not at his convenience but at YOURS.
Many companies ARE misclassifying contractors - a long-held point of contention for me - but until ICs learn to BE ICs this will continue. An MTSO is a client to an IC, not a boss. As such, the IC should be submitting the contract based on THEIR own creation or not just helter-skelter signing of whatever the MTSO provides.
Common Law Rules
Facts that provide evidence of the degree of control and independence fall into three categories:
Behavioral: Does the company control or have the right to control what the worker does and how the worker does his or her job?
Financial: Are the business aspects of the worker’s job controlled by the payer? (these include things like how worker is paid, whether expenses are reimbursed, who provides tools/supplies, etc.)
Type of Relationship: Are there written contracts or employee type benefits (i.e. pension plan, insurance, vacation pay, etc.)? Will the relationship continue and is the work performed a key aspect of the business?
Businesses must weigh all these factors when determining whether a worker is an employee or independent contractor. Some factors may indicate that the worker is an employee, while other factors indicate that the worker is an independent contractor. There is no “magic” or set number of factors that “makes” the worker an employee or an independent contractor, and no one factor stands alone in making this determination. Also, factors which are relevant in one situation may not be relevant in another.
The keys are to look at the entire relationship, consider the degree or extent of the right to direct and control, and finally, to document each of the factors used in coming up with the determination.
http://www.irs.gov/businesses/small/article/0,,id=99921,00.html
IC Status - GotTheTShirt
[ In Reply To ..]I agree I wouldn't want a painter showing up at midnight, but this is comparing apples to oranges. Transcription requires 24/7/365 coverage. Technology has benefited companies in providing that coverage but this technology should also benefit IC MTs.
No, I don't think an IC MT should type sporadically when they can fit it in, unless this is what their client wants. I realize companies have to cover their workflow. If they are utilizing ICs they should address hours and productivity with them, setting up a schedule that meets the ICs needs yet also the needs of the company.
The IRS also mentions that an IC should be available to work with more than 1 client. Often, if an IC has a great account they will opt to work that account exclusively but they should not be expected to provide "full-time" hours, which is what many of the ads I've seen state.
You also bring up a good point in stating many IC MTs should look more closely at their working relationships with companies. I'm not wanting to stir up a hornet's nest with ICs. Some may be very happy with their client(s) and the arrangement works well for everyone involved. If that's the case, kudos, but the client and the contractor should be aware of the IRS guidelines.
You are correct in that this is a case-by-case issue and there are a lot of gray areas. The IRS link you provided is an excellent starting point. Hopefully some companies and some MTs will check this out! :)
The MTSO can say you can work any time, however, - sm
[ In Reply To ..]if all hours are covered except certain ones, they can say that is the ONLY time they need you. As an IC for an MTSO, they do not have to provide you work 24/7, only when the work is available. You can then choose if you want to work the hours there are work. If the MTSO is fully staffed with FT employees, most ICs are considered overflow. You let them know when you are available, and if they have the work they can send it to you.
IC with assigned hours - MTing4lattes
[ In Reply To ..]I worked for a company I saw on one of the job sites stating hiring ICs and the only stipulation was "work must be completed in a 24-TAT. I started with them and then they changed their tune somewhat by saying the "you need to work between the hours of 8 AM when the work downloads and end your shift at 7 PM." Needless to say that didn't work for me because I specifically told them that I would not be available for work until after 3 PM and they hired me anyway. Again, this was an IC position, not employee status.
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