Re: Contract work regulations in Massachusetts

Subject: Re: Contract work regulations in Massachusetts
From: "Gene Kim-Eng" <techwr -at- genek -dot- com>
To: "Al Geist" <al -dot- geist -at- geistassociates -dot- com>, "'Evelyn Lee Barney'" <evbarney -at- comcast -dot- net>, <techwr-l -at- lists -dot- techwr-l -dot- com>
Date: Tue, 21 Apr 2009 07:30:14 -0700

This may be of some interest:

http://www.mwe.com/index.cfm/fuseaction/publications.nldetail/object_id/fecf4579-3361-4fca-b404-bd93f2c66add.cfm

Under these conditions, I would stay on the job for now, collecting the
necessary documentation to establish the employer's violation of MA state
requirements that a contractor be free of client company control and performing
work outside the company's usual business (it appears that Evelyn's son does not
currently meet the requirement of being "customarily engaged" as a contractor,
but everybody has to start somewhere, and this may become a grey area if he
chooses to stay on the job). I would also continue to look for other work, as
this is obviously nothing more than a temp job. At the approporiate time (IOW,
when I found another job), I would leave and submit all my documentation to the
state as I report the company for a code violation on my way out. If the state
rules in my favor, any retroactive salary, benefits and/or treble damages would
be a nice exit payment; if not, at least I'd have had some income for that
period even if the conditions were trying. Either way, I wouldn't want this
company on my resume or references, so there's nothing much at risk there.

Gene Kim-Eng



----- Original Message -----
From: "Al Geist" <al -dot- geist -at- geistassociates -dot- com>

> As for working as a consultant and having to pay your own taxes and keep
> your own books, what is wrong with that? It's not that hard to do and there
> are some tax benefits to be gained from being "in business for yourself."
> If, however, he has only one contract and that contract specifies the times
> he is required to be "at the office" and even determines his break times,
> then the IRS may look at him as an employee. A lot of marginally ethical
> companies try to skirt that law, and they use intimidation to keep the
> employees in line. During this recession, there can probably get away with
> it a lot easier than they could during the good times. The problem your son
> faces is if he goes to the authorities, he will surely loose this job. If he
> doesn't say something, he will be used until he is no longer needed and then
> kicked out the door.
>
> Tell him good luck and mark this job up as one of those miserable, but
> necessary lessons in life.

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Follow-Ups:

References:
Contract work regulations in Massachusetts: From: Evelyn Lee Barney
RE: Contract work regulations in Massachusetts: From: Al Geist

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