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Statutory employees - disheartened


Posted: Mar 25, 2010

Could someone explain exactly what a company can require of an SE? Can companies force MTs to adhere to a schedule if all MTs are statutory employees? All the research I have done on this subject is vague, but it appears that SE and IC are almost the same with the exception of Social Security and Medicare being withheld and the employer's portion being paid for an SE.

Here you go. - See link inside

[ In Reply To ..]
As you can see from this link, you are considered an employee with the IRS.


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

That does nothing to answer the poster's question. I have the same concerns. - SM

[ In Reply To ..]
What can and can't an MTSO require of a statutory employee as compared to an IC or a full employee? That IRS link keeps getting trotted out, but it says nothing.

It says plenty. You are an employee. Therefore, - sm

[ In Reply To ..]
they can tell you when, what, where, and how.

You might want a different answer, but the answer has already been given by the IRS. You are considered an employee and that includes all the advantages/disadvantages thereof.

Statutory employee - disheartened

[ In Reply To ..]
I appreciate the link. Even though it does state "Statutory employees are not liable for self-employment tax because their employers must treat them as employees for social security tax purposes," that does not necessarily mean SE's are employees in the truest sense of the word. There are definitely differences between an employee and an SE. What I really want to know is what can MTSO/employers legally require of an SE.

Disheartened! You will love this...sm - Sick of this

[ In Reply To ..]
I think we work for the same company, and this is from the pay information from 2004. (Of course, we know those days are long gone) Statutory employee: Prefers to chose their own hours of work and establish their own productivity levels.
YYYEESSS!!!!! Do you think the WWOTW would by that?

You're right, it does say that! Of course, even that document - - SM

[ In Reply To ..]
may not be binding on us since they decided to eliminate all of our positions and essentially fire everyone, hiring them back at the new (lower) pay scale without benefits.

But, yeah, you're right; their own definition for statutory employee says we choose our hours of work. Of course, the WWOTW could come back and say "Choose them and then stick to them," but they seem to be reluctant to push the point right now, probably because they're losing employees since all of the changes. They have to be.

As in, "statutory RAPE"? - NM

[ In Reply To ..]


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