RE: Tech Writer Lawsuit?

Subject: RE: Tech Writer Lawsuit?
From: "Combs, Richard" <richard -dot- combs -at- Polycom -dot- com>
To: "Darcy Rumbold" <darcyrumbold -at- gmail -dot- com>, "Gene Kim-Eng" <techwr -at- genek -dot- com>
Date: Tue, 27 May 2008 12:05:40 -0600

Darcy Rumbold wrote:

> The NACCB is an organization of recruiters - so it's not individuals
> work 1099, but it's consulting shops. Their bread and butter is

Gene said it was "consulting businesses." Consulting businesses/shops
aren't recruiters -- that's a completely different business.

Many consulting businesses are very small -- 1-4 owner/employees,
organized as a sole proprietorship, partnership, or S-corporation. In
these cases, wage-hour laws don't apply. At least they don't here in

> consultants to clients and charging an overhead fee. The consultants
> usually 1099, therefore hourly and would have to be paid overtime at
> and a half. That was the whole problem behind AB60 - that it only
> for salaried workers to be exempt - not hourly workers.

If the consultants aren't owners of the company, but ordinary employees
(W-2), then I suppose they'd have to be paid overtime. But not if
they're 1099.

1099 workers are independent contractors, not employees. The consulting
company is acting as their _agent_, not their employer. Here in
Colorado, neither the agent of an independent contractor nor the client
has to pay time and a half (I suppose it could happen if the client and
agent both agreed to those contract terms, but I imagine that would be
very, very rare).

California's different (a.k.a. weird), but I can't imagine the W-2 vs.
1099 distinction isn't the same there as here.


Richard G. Combs
Senior Technical Writer
Polycom, Inc.
richardDOTcombs AT polycomDOTcom
rgcombs AT gmailDOTcom


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RE: Tech Writer Lawsuit?: From: Hemstreet, Deborah
Re: Tech Writer Lawsuit?: From: Darcy Rumbold
Re: Tech Writer Lawsuit?: From: Gene Kim-Eng
Re: Tech Writer Lawsuit?: From: Darcy Rumbold

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