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On what basis should someone presume to contradict the builder's calculus on this kind of tradeoff?
That some people are willing to participate in this zany scheme doesn't mean the court necessarily ought to view them as non-employees.
Were there a bidding process with a reasonable and sufficient amount of transparency to the worker--what and where exactly is the job, what does it pay?--then the scales could tilt towards contractor-dom.
I don't think anyone seeks to apply such a test; the lousiness of the arrangement is incidental. I had attempted to argue that the mere fact that workers knowingly take a questionable or even bad deal does not mean they are contractors. The legal status of employee vs. contractor does not hinge on that.