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Biden Cracks Down On Misclassification Of Workers As Independent Contractors
yahoo "news" ^ | 10/11/22 | Dave Jamieson

Posted on 10/11/2022 9:34:04 AM PDT by AbolishCSEU

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To: AbolishCSEU

I consulted for 20 years. I paid more taxes than I ever did as an employee. The biggest difference is I got paid for not taking my time off and I made sure I got paid for both knowledge and risk or I did not work. Never missed a day in all that time I did not want to work. Some years I billed more than 300 days and never billed less than 250. I seldom worked on Sunday but sometimes had to. When all you have to sell is your time you’d better make the most of it when you can.

Restricting workers to being employees is about control and unions and fear the gooberment can’t get their grubby paws on some stray brass farthing of taxes, that hardly happens. Thieves are the most distrustful of all.


21 posted on 10/11/2022 10:10:01 AM PDT by Sequoyah101
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To: AbolishCSEU
I have worked full-time as an employee for a non-publication company AND written freelance articles for publications at the same time. In the law in place over the past decades, there was no question about my status. It was only when I decided to leave the employee rat-race that I started to encounter problems.

I expect to expound at great length when the notice is officially published Thursday on the situation facing the worker preferring not to be tied to a single company. Indeed, I'm in the middle of such a situation right now as a 1099 worker in a technology role.

The regulation as it is now written does not take into account the 1099 contractor having to learn the client's needs, methods, and controls, especially in the face of increased activity by State-enabled actors performing cyber attacks.

From what I have been able to determine from the history of the development of the regulation, the new rules focus on peripheral contractors, who perform "cookie-cutter" work with no requirement to make any effort to conform to safety and security rules. The difference between an Uber driver and a consultant working deeply in a technology firm is that the Uber driver spends considerably less than a day acquiring the apps need to do his or her job; in a skilled job in technology the contractor needs to invest days, weeks, even months getting "on board" before s/he can do useful work.

The process of preparation for freelance writing, trucking, technical translation, paralegal, legislative, medical, and similar "gig" work in areas requiring skills and experience varies from client to client. That prep in many cases involves significant time, effort, and expense. In short, it's an investment on the part of both client and contractor. The current rules are silent on how preparation affects the relationship.

Independent contractors are more than "pop-beads" in the overall business environment. Highly-skilled independent contractors like doctors, emergency room technicians, and the like are individually selected, not drawn from a "pool".

I wonder how this will go?

22 posted on 10/11/2022 10:12:46 AM PDT by asinclair (What doesn't kill you makes you stronger)
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To: Red Badger

More forced communist-unionist anti-liberty BS from “the party of the working people”!


23 posted on 10/11/2022 10:14:20 AM PDT by cartoonistx ( the feeling of fainting! )
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To: Eleutheria5

Years ago when I worked on a farm we would get migrant workers on the farm to pick crops. We were required to record their green card and ss numbers. We did so and paid the required employers % of taxes. In Dec we would send out the required forms 10-40 forms to the addresses they gave us. When I say over 40% came back to us as undeliverable it is probable low. Meanwhile the farm did not get back their money and the money we sent in for the workers to the government stayed in a special fund. The government has been making a huge slush fund for years.


24 posted on 10/11/2022 10:19:21 AM PDT by mware
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To: ConservativeInPA

I know that whole scene really well. Did all the same things. Next came a avalanche of HSE type training requirements and certification I was supposed to pay for without raising rates; then came the background checks and waivers after having worked for some clients for well over a decade so I hung it up. Told them no, I’ve had enough and went home.

The background check thing was the last straw only over principle. I’m not about to sign a waiver to allow anyone to probe my entire life including interviews with my neighbors who don’t even know me or anyone else. My business was based on product and personal relationships. HR and contracts muscled in and screwed it all up. I never stamped and sealed a thing and all my work product was done as the direvtion and approval of an employee, I recommended and yet I was treated for insurance an all other purposes as a fortune 500 corporation. If I were some of the suppliers I would also tell the client to take a hike based on some of the ridiculous risks the client insisted the supplier indemnify them against. If the suppliers could do that they would be the oil company instead of working for one.

Interesting, when the suppliers tried to go full cycle full service the oil companies got all twitchy and asked them if they wanted to be service companies or operators. It was only at the encouragement of the oil company operators that the service companies went the full cycle route in the first place!

Eventually you may not have seen it all but you’ve seen all the cousins of it all.


25 posted on 10/11/2022 10:21:38 AM PDT by Sequoyah101
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To: mware

USMC Col. Smedley Butler said that “war is a racket”. He was wrong. Government is a racket, including war.


26 posted on 10/11/2022 10:34:03 AM PDT by Eleutheria5 (Free country? Good morning, Rip. )
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To: mware
the money we sent in for the workers to the government stayed in a special fund. The government has been making a huge slush fund for years.

Well, a big old number kept somewhere. The money is already long gone.
27 posted on 10/11/2022 10:34:52 AM PDT by larrytown (A Cadet will not lie, cheat, steal, or tolerate those who do. Then they graduate...)
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To: AbolishCSEU

This sounds like matter for the legislature. Not anyone else. How far we have fallen.


28 posted on 10/11/2022 10:35:22 AM PDT by Revel
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To: Red Badger

https://freerepublic.com/focus/f-news/4099811/posts


29 posted on 10/11/2022 10:38:38 AM PDT by Rusty0604 (" When you can't make them see the light, make them feel the heat." -Ronald Reagan)
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To: Red Badger
<>"This will kill the gig industry..................."<>

All workers must be unionized! Randi Weingarten will be our next "President".

30 posted on 10/11/2022 10:50:21 AM PDT by Aevery_Freeman (Beware the coming TRUMPster Fire!)
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To: AbolishCSEU

All I can say, is we better hope that we take back the house and senate or else they will forces Ab5 type legislation down our throat.

Interestingly enough, the article says the Biden administration blames Trump for the misclassification of independent contractors.
Most of this took place during the Obama administration. The evolution of Lyft /Uber.


31 posted on 10/11/2022 11:00:23 AM PDT by ncfool (TRUMP SHOULD BE THE KING MAKER IN 2024 AND NOT THE KING. -- Desantis 2024)
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To: Honest Nigerian

I don’t know of any Uber or Lyft drivers, independent truckers, even wedding planners, that choose when and where they want to work, feel abused.


32 posted on 10/11/2022 11:02:45 AM PDT by Rusty0604 (" When you can't make them see the light, make them feel the heat." -Ronald Reagan)
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To: AbolishCSEU

GMTA


33 posted on 10/11/2022 11:04:10 AM PDT by Rusty0604 (" When you can't make them see the light, make them feel the heat." -Ronald Reagan)
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To: AbolishCSEU

Search for IRS SS-8 form, has everything you need to address to determine if Independent Contractor. Hint, only work for one company will not cut it!


34 posted on 10/11/2022 11:09:52 AM PDT by Lockbox (politicians, they all seemed like game show hosts to me.... Sting)
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To: Honest Nigerian

Why is the reasonable compensation for s corps a problem?

S corps don’t get the corporate tax rate in most states, being pass through in nature.

That’s why being w-2 as an owner is required, payroll taxes. If I an remembering correctly, the reasonable compensation only applies to officers that are shareholders/members of the SCorp.


35 posted on 10/11/2022 11:21:54 AM PDT by SPDSHDW (Buy JHP ammo, Level 3/4 armor and rifles. Won’t be able to for much longer, and we’re gonna need em)
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To: AbolishCSEU

Federal income tax. The second most dangerous item in the government’s arsenal against freedom.


36 posted on 10/11/2022 11:50:16 AM PDT by Nuc 1.1 (Liberals aren't Patriots. Remember 1789!)
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To: AbolishCSEU

They aren’t looking out for the welfare of workers....they’re looking out for the welfare+ stream of W-2s!


37 posted on 10/11/2022 2:11:16 PM PDT by lightman (I am a binary Trinitarian. Deal with it!)
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To: AbolishCSEU

One thing that I CANNOT stand is when politicians refer to we TAXPAYERS as “workers”.

WE are “workers” and THEY are “LEADERS”….

BULL!!!

We are CITIZENS and they work for US no matter how they are trying to turn it around 180 degrees.


38 posted on 10/11/2022 2:53:42 PM PDT by joethedrummer (We can't vote our way out of this, folks..)
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To: AdmSmith; AnonymousConservative; Arthur Wildfire! March; Berosus; Bockscar; BraveMan; cardinal4; ...

39 posted on 10/12/2022 9:08:27 AM PDT by SunkenCiv (Politics do not make strange bedfellows, and the enemy of your enemy may still be your enemy.)
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