Independent Contractor - must have flexible schedule to qualify for IC status - anon
Posted: Mar 11, 2010
I am thinking about pursuing a job as an independent contractor as I am retired and want something to do more than the money (retired hospital transcriptionist). It is my understanding that an IC must have flexible schedule to qualify for IC status, yet the job ads specify second and third shift as well as weekend days. Can they do this? I know the government is cracking down on ICs to make sure they are truly ICs (we all know the transcription companies will do everything to preserve their bottom line, legal or not.) Thanks for taking the time to answer my questions.
While an employer cannot tell the IC when to work, - SM
[ In Reply To ..]
they do not have to have work available 24/7 for the IC. They can say we have work available 2nd or 3rd shifts, if you want the job and want to work those shifts fine. If not, you don't work for them. For example, they have FT MTs for days, but not enough for nights, therefore the IC is only needed when they are not covered. If there is not work, the IC does not work at all. The IC cannot demand work at specific hours; however, the IC can say they will only work specific hours. So, if there is no work when you want to work, you don't get any.
IC since 1986 - Snow Bunny
[ In Reply To ..]
ICs don't have flexible schedules ... they have a turnaround time: "All voice files which are in your queue by 3 p.m. are due back the next business day by 2 p.m." You get the work done when you want, but you have to return the work when it's due.
Also, the laws which apply to companies which are offering MT services also apply to the ICs whose services they utilize. Starting with ... do services "take a test?" No, they don't. They provide references. Much like a contractor would do if you were in the market for someone to build an extension on your home.
Bottom line: ICs have "the element of control."
Check out this link:
http://www.irs.gov/businesses/small/article/0,,id=99921,00.html
Not all MTSOs put work in a queue for an IC. - SM
[ In Reply To ..]
Some work straight off the system, so therefore not always needed 24/7.
Job ads for ICs say testing required. How - anon
[ In Reply To ..]
can they do this legally?
I don't see a problem with testing for an IC - SM
[ In Reply To ..]
position. They have to know you are actually an MT and can do the work.
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