A lot of MTSOs do misclassify though - me person Posted: May 30th, 2018 - 6:55 am In Reply to: It's actually against the law for them....sm - Legal eagle
All that said, though, I will say that MANY MTSOs abuse the category, doing things like requiring meeting attendance and exercising a great deal of control over the IC's work, to the point where the IC really should be employee status. I don't think having a basic set schedule violates the law, though, given the nature of the work, with TATs, etc. It's a particular type of work that has tight deadlines, and a basic schedule can be part of a contract. No time keeping, though, and they shouldn't be able to tell you to stop working on any given day, either, if you want to keep making money! That's another biggie. The meeting thing is flat illegal, and I can't understand how they get away with it, TBH. In an IC relationship, the client (MTSO) should address their concerns with any performance directly to the IC, in the context of their contract. Now, if they are too big, that's probably not an easy thing to do, but honestly at that point, they should hire employees and give them benefits, and the only reason they don't is to save themselves a LOT of money, and that is the definition of exploitation. In no other business would anyone dare to call a meeting and require all their vendors/contractors to attend. They would be laughed at and told they are nuts. That's like a customer calling all the businesses they patronize and saying - you guys all have to attend my meeting. It's ludicrous. Instead, the customer simply goes to a different business if they are dissatisfied. That's how IC is supposed to work. If the MTSO is dissatisfied, they get a different IC. It's a business relationship that should be pretty laissez faire.
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