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NEMT / IC & Schedule - Slippery Slope


Posted: Jun 25, 2015

So is this legit?  Most places I've worked in the past 10 or so years gave me a 24-hour window to accomplish my goal for the day.  I tend to work best in chunks with time in between for, you know, life. 

I get that if I were an independent contractor to a lawn service, say, I obviously wouldn't mow lawns at 2:00 a.m.  But "the client needs a schedule" seems a little wonky.

Any thoughts - preferably the productive kind and not the snarky kind please...

It's NEMT trying to skirt the IC classification - MT

[ In Reply To ..]
They're not the only ones to do this, but it's despicable. They want an employee (which is why they are asking for a schedule) but don't want to pay the benefits and taxes, so are calling it "IC" in name only. They can be investigated and fined for that.

wait till they force you to work a weekend day - mr. sandler

[ In Reply To ..]
And then make you find someone to cover the "shift" if you cant! They have been walking a fine line for a long time!

IC or employee - IRS

[ In Reply To ..]


The link below will give you much more info on the subject.  They are really cracking down on this kind of thing over the last couple of years.  I've copied these few paragraphs for this post, but the IRS site (link below) will take you through it step by step.  What this company is asking is illegal, but they still continue to try.  Just yesterday I saw a post on the job board from a company seeking to hire an IC for VA work.  The law is you have to be an employee to work on any VA account.

On IRS website:



People such as doctors, dentists, veterinarians, lawyers, accountants, contractors, subcontractors, public stenographers, or auctioneers who are in an independent trade, business, or profession in which they offer their services to the general public are generally independent contractors. However, whether these people are independent contractors or employees depends on the facts in each case. The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done. The earnings of a person who is working as an independent contractor are subject to Self-Employment Tax.

If you are an independent contractor, you are self-employed. To find out what your tax obligations are, visit the Self-Employed Tax Center.

You are not an independent contractor if you perform services that can be controlled by an employer (what will be done and how it will be done). This applies even if you are given freedom of action. What matters is that the employer has the legal right to control the details of how the services are performed.

If an employer-employee relationship exists (regardless of what the relationship is called), you are not an independent contractor and your earnings are generally not subject to Self-Employment Tax.

However, your earnings as an employee may be subject to FICA (Social Security tax and Medicare) and income tax withholding.

NEMT is trying to pull this crap too? When I got hired - I was told a specific schedule/days SM

[ In Reply To ..]
and shift for the account I was hired for.

I haven't had a problem so far, but I expect I better be watching their step from now on. If they pull any happy crap with me, I'll be hot on the phone to DOL.

They have no right to treat people this way. I knew I was right some time ago when I've been warning people to NEVER trust any MTSO, no matter how decent they seem to be.

Thanks everyone - Slippery Slope No More

[ In Reply To ..]

Thanks for the input everyone.  The toughest part about this decision is that for the most part there is always work and that they pay weekly.  Plus, I went through a lot of hoops in the beginning what with the whole DBA (only $20 at my County Clerk's Office - but ultimately all they wanted was a business card) and new checking account, etc... 


But, I'm not loving the anxiety I get every morning at 6:02 that the phone might ring if I'm not on with a job downloaded.  So, I'll put this in the column of "Lessons Learned" and move on.

NEMT IC - Sometimes, just take the job

[ In Reply To ..]
and keep looking, as it is very difficult to find anything decent and even if you or think you do, it can change; ask me how I know!

Good luck, it is a bummer. Assistmed had sort of the same thing. I applied for PT and it was Friday through Sunday with 20 hours required. You could work any hours you wanted, but they did have requirements nonetheless. The only other positions were full time and they were designated days as well.

Again, MT is not what it was at one time and it is hard for us who have been at a long time, to accept that fact.


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