Re:California passes bill that classifies gig economy worker...
by 0xffff2 on Wednesday September 11, 2019 @01:47PM
(#20942793)
>When I personally worked as a contractor, the other contractors I worked with mostly bounced from short gig to short gig. That would probably meet (B). (A) was a bit more subjective.
I'm confused. You seem to be applying (B) to the contractor somehow, where my reading is that it applies to the company doing the contracting. It doesn't matter what the contractor is doing; if a company makes widgets, they can't hire a contractor to make widgets. It doesn't matter if the widgets are a different color or if the contractor only ever makes widgets for any given company for a few months at a time.
Re:California passes bill that classifies gig economy worker...
by gwbas1c on Wednesday September 11, 2019 @03:54PM
(#20944008)
> You seem to be applying (B) to the contractor somehow, where my reading is that it applies to the company doing the contracting
Yes and no. A company that hires contractors who bounce from gig to gig meets (B) assuming that the software in the other gigs applies to different businesses.
Assume I make websites on contracts. If I make a website for a butcher, a baker, and a candlestick maker; the butcher, the baker, and the candlestick maker clearly meet (B).
Re:California passes bill that classifies gig economy worker...
by 0xffff2 on Wednesday September 11, 2019 @04:07PM
(#20944117)
In those specific examples they meet (B), irrespective of the contractor's work habits. If you make a website for another web developer, the web developer who hired you might not meet (B), regardless of who else you've made websites for. I admit the analogy is a bit tortured, but the point is that (B) depends entirely on the contractee's business and what they're hiring the contractor to do.
When I personally worked as a contractor, the other contractors I worked with mostly bounced from short gig to short gig. That would probably meet (B). (A) was a bit more subjective.
If you're a long-time contractor for a single customer, and that single customer has a high level of direction over your day-to-day work, you are at risk of being defined a W2 employee by a legal entity like the IRS. (Or the state of CA.) In such a case, it's important that you clearly understand the legal difference between a contractor and an employee; and have some frank discussions with your "customer." It's important to point out that your "customer" bears the risk of you being redefined as an employee, so it's in their best interest to make sure that your contractor relationship follows the law as best as possible.