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How do MTSOs get away with hiring only ICs. - Do most ICs truly qualify to be IC, or sm
Posted: Dec 17, 2009
Is this just a scam so that employers don't have to pay benefits and employer taxes? I bet if there was an audit, most ICs and MTSOs would be in trouble for using that classification improperly, especially for the full-time positions.
I even applied for a full-time secretarial job in a small law office recently, and was told I would be hired as a contractor with no benefits. I was stunned and declined. I need to check with the labor department to see if some of my concerns are justified. Job hunting is feeling so sleazy these days.
it's not a scam - Snow Bunny
[ In Reply To ..]It's merely an issue of the MTSO stating "requirements" and the MT accepting them.
As an IC, you can't be forced to work a particular schedule ... however ... the MTSO can tell you that's what the "job" requires. At that point, it's up to you to exercise the "element of control" and either agree or not agree to that.
The same is true for every other element, including the line rate. By law, you are supposed to be ask what your rate is, and it's up to the MTSO/client to accept or decline ... the same as would occur if the MTSO approached a hospital: "This is what we have to offer and this is what our rate is."
Here's a link to the 20 laws:
http://www.comptroller.ilstu.edu/downloads/20-factor-test-for-independent-contractors.pdf
No longer use the 20-factor rule - MistyMT
[ In Reply To ..]About 10 years ago at an AAMT convention, we had a seminar with an attorney regarding IC status. She informed us the 20-factor rule was no longer used, instead there are 3 factors
http://www.irs.gov/businesses/small/article/0,,id=99921,00.html
She also said it's one of the grayest areas of tax law and cannot be applied uniformly to all taxpayers.
If you feel you are not being treated as a contractor, there is a form you fill out and the IRS will determine it for you.
Why is okay to hire MTs as contractors, but not receptionists, payroll clerks, - FT tech people, etc.
[ In Reply To ..]nm
short answer - Happy MT Robin
[ In Reply To ..]is that payroll clerks, receptionists, etc., MUST be at a particular location at a particuilar time to do their job, they typically have a lot of oversight in exactly HOW they are to do their job, and the equipment/supplies with which to do the job are provided for them.
An MT contractor is not required to do it from a specific location, they typically don't have a set schedule (those that do probably shouldn't be IC), and the equipment/supplies are not provided. The only thing that is required is a very specific final product.
Like someone else said, though, it's a very gray area.
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