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Re:The gig worker’s lament by alkonaut on Friday December 28, 2018 @04:35AM (#18775795)
Contract should always pay significantly more than direct hire, since there is less security and benefits.

It simply shouldn’t be possible to enter a contract for less than direct hire wages and benefits, in cases where the contract is obviously a way of circumventing employment. Laws should be written such that circumventing the spirit of the law is also circumventing the letter.

Re:The gig worker’s lament by icebraining on Friday December 28, 2018 @06:06AM (#18776117)
As far as I know, that's exactly what the law in many (most?) places says. In the US, multiple states - most recently California, after a case regarding delivery drivers - apply the ABC Test[1], and the IRS has its own classification as well.

I mean, it's not that the contractor can't get paid less, it's that they can't be contractors at all, even if the employer claims so.

[1] https://www.law.cornell.edu/wex/abc_test

Re:The gig worker’s lament by bsenftner on Friday December 28, 2018 @09:26AM (#18776853)
According to the ABC Test, my entire visual effects career (15 years) was illegal.
Re:The gig worker’s lament by lsc on Friday December 28, 2018 @01:55PM (#18778660)
this is... well, yeah, a surface reading of the test is clearly not how it legally plays out, 'cause from a surface reading, almost all "contract" jobs are not.

I think this is legally dealt with where I am by ensuring that everyone is an actual employee of someone... if you are a "contractor" you are actually an employee of the body shop. You get paid on a w2, and thus aren't legally a "contractor"

From what i see, the body shops charge the employer 30-50% more than what they pay the employee (the range depends entirely on how good the employee is at negotiating, and tends to start closer to 50%, and move towards 30% as said employee is in the same position for a while)

Re:The gig worker’s lament by closeparen on Friday December 28, 2018 @05:13PM (#18779889)
A contract can include security, where at-will W2 employment never does.

But working as a contractor demands a substantial premium anyway, because the contractor is responsible for self-employment tax.

Re:The gig worker’s lament by alkonaut on Friday December 28, 2018 @07:07PM (#18780533)
There is a huge difference between e.g the US where workers have little security and places where they do. Especially when you consider the gig economy. Consider how Uber works in an environment where a laid off worker might be paid 6-12 months in full depending on employment lengh. Uber does operate in such places but it’s basically in a perpetual fight against unions and authorities.