RE: employment law, overtime

Subject: RE: employment law, overtime
From: "Lauren" <lauren -at- writeco -dot- net>
To: "'Claire Conant'" <claireconant -at- comcast -dot- net>, <techwr-l -at- lists -dot- techwr-l -dot- com>
Date: Thu, 24 Jan 2008 15:20:37 -0800

> From: Claire Conant

> Actually, yes. This was settled in 2000. It was huge. As a
> result, if you
> work as a contractor at Microsoft (not a vendor), then you
> can only work
> there for a year.

Intel had a similar rule when I contracted there 10 years ago. As I
understood it, contractors, regardless of whether they were W-2 employers
through a vendor or incorporated vendors themselves, could not work more
than 9 months out of the year and, I think, a full three-month break was
required between the 9-month stint to prevent 9 to 18 month contracts from
creative interpretations of "year."

1099 independent contractors, or freelancers, were not permitted without
holding a separate entity status, either as a corporation or an LLC. This
is probably to prevent those individuals from claiming employee status
because they were working on site.

The 9-month limitation was per person and not per company. So a person
could not work more than 9 months at Intel, regardless of whether the person
went to a different department or through a different company.

Lauren

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References:
Re: employment law, overtime: From: Claire Conant

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