Thanks, Nick. SM... - Anon Posted: Mar 11th, 2016 - 12:00 pm In Reply to: Something of interest re: employee vs. IC - Nick
It is quite important to read the administrator's interpretation link within this article. I particularly focused on the following statement because how many times have we been told by various MTSOs and even posters here that a company has a right to make sure their work is covered, hence, you have to have a schedule??? "Some employers assert that the control that they exercise over workers is due to the nature of their business, regulatory requirements, or the desire to ensure that their customers are satisfied. However, control exercised over a worker, even for any or all of those reasons, still indicates that the worker is an employee..." and " Business needs cannot immunize employers from the FLSA’s requirements. If the nature of a business requires a company to exert control over workers to the extent that [the employer] has allegedly done, then that company must hire employees, not independent contractors."
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