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Confused about difference between statutory employee and IC status. - SM

Posted: Jan 22, 2010

I keep trying to find something definitive that spells out the differences between the two, but it all seems so vague or, at least, different companies seem to treat each differently. Specifically, since my company recently converted everyone over to statutory status, can they require the employees to set and maintain a strict schedule as they had when they were full-time regular employees, or should/do the statutory employees have more leeway in that regard, more along the lines of an IC?

What I know about it only comes from - working for 1 s/m

[ In Reply To ..]
company that had SE status. FICA was taken out of check, not fed/state taxes. All we had to do was submit a schedule for approximate number of lines every 2 months. I think most people worked their desired hours and stuck with it, which was great. No one ever demanded that I work different hours. It worked for me, better than IC I think, because they covered half of social security like an employer would do, yet I had control over when I worked and how much I worked, like IC status. Unfortunately, this company merged with another, so SE no longer.

Thanks -- that's why I was asking. My company -- - SM

[ In Reply To ..]
-- made us all statutory employees but then keeps sending out e-mails every hour or two telling everyone that they'd better be working their "scheduled hours," which I thought they could no longer require, at least not to the extent they seem determined to push it. The e-mails are sometimes threatening in nature (as in we'll be getting phone calls if we don't shape up, or replaced if things don't turn around quickly) and are almost always shaming in some way (essentially blaming us for the fact that we're suddenly swamped with reports out of TAT because the docs at the facility decided to start coding everything as stat all of a sudden). The place has a sweatshop mentality now.

SM - anon

[ In Reply To ..]
You must work for the same company I do. Proscript?

Yes, and I think things are purposefully being kept vague -- - SM

[ In Reply To ..]
-- so that they can take advantage of us and get us to do more than is obligated under this new arrangement out of ignorance. I don't trust them AT ALL anymore. Some people got their line rates lowered and others apparently didn't -- whazzup with that?

Yes, and I think things are purposefully being kept vague - disheartened

[ In Reply To ..]
I am right there with you dissatisfied Proscript employees. Cannot get answers to any of these questions even if you ask, so don't bother. I am also bothered by the fact that some got their line rates cut and others didn't, yet I was told that "all" did. Also have been bothered by those blasted "update" emails which imply all of us should work or at least be on call 24/7 and work our scheduled hours - didn't they take away schedules when they made us all SE? The way PS is treating their employees make sweat shops look appealing.

here's a couple links - sm

[ In Reply To ..]

http://www.irs.gov/charities/article/0,,id=131138,00.html

http://www.irs.gov/faqs/faq/0,,id=199637,00.html

you can research this. I was a statutory with MDI (almost past tense company) and they basically paid the SS taxes; wished to know days and production but not exact hours we would work, etc.

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