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View Diary: Starbucks' stance on Obamacare–Will you buy another cup of coffee? (200 comments)

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  •  Not quite true (4+ / 0-)
    Recommended by:
    Lujane, ZenTrainer, Miggles, bobinson

    There are a certain set of tests that determine if a worker can be classified as an independent contractor.    If you fail those tests, you are NOT an IC, regardless of what your contract says.

    Here is a list of 20 questions, and the answers that indicate you are an IC and not an employee.    There is no hard/fast rule about how many of these can be "wrong" and still be an IC, but it gives you a good idea of the reqmnts.

    Are you required to comply with instructions about when, where, and how the
    work is to be done? (No.)
    2. Does your client provide you with training to enable you to perform a job in a
    particular method or manner? (No.)
    3. Are the services you provide integrated into your client's business operation?
    (No.)
    4. Must the services be rendered by you personally? (No.)
    5. Do you have the capability to hire, supervise, or pay assistants to help you in
    performing the services under contract? (Yes.)
    6. Is the relationship between you and the person or company you perform services
    for a continuing relationship? (No.)
    7. Who sets the hours of work? (You do.)
    8. Are you required to devote your full time to the person or company you perform
    services for? (No.)
    9. Is the work performed at the place of business of the potential employer? (No.)
    10. Who directs the order or sequence in which the work must be done? (You do.)
    11. Are you required to provide regular written or oral reports to your client? (No.)
    12. What is the method of payment — hourly, commission or by the job?
    (Contingency or project milestone-based payments are ideal.)
    13. Are your business and/or traveling expenses reimbursed? (No.)
    14. Who furnishes tools and materials used in providing services? (You do.)
    15. Do you have a significant investment in facilities used to perform services? (Yes.
    The more substantial your investment, the better.)
    16. Can you realize both a profit and a loss? (Yes.)
    17. Can you work for a number of firms at the same time? (Yes.)
    18. Do you make your services available to the general public? (Yes. It's a good idea
    to have a business listing in the phone book, for example.)
    19. Are you subject to dismissal for reasons other than nonperformance of contract
    specifications? (No. Also, your client should provide at least a week's notice. At
    will termination makes you look like an employee.)
    20. Can you terminate your relationship without incurring a liability for failure to
    complete a job? (Yes, assuming you're working on a time-and-materials basis. If
    you're working on a project, or milestone, basis, you are obligated to deliver on
    your commitments if you wish to be paid for your efforts.)

    Religion gives men the strength to do what should not be done.

    by bobtmn on Tue Aug 27, 2013 at 05:58:45 PM PDT

    [ Parent ]

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