Have you been misclassified?
- Thread starter Sparx
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Annoying_Boy
New Member
This is a well known and widely practiced screw job on PAX.
This is a well known and widely practiced screw job on PAX.
? It is? How did I miss that? Examples, please?...even if its an old one. I'm only familiar with all the larger support contractors and they can't get away with misclassification (or would be stupid to try to) because there is no way to hide it from a DCAA auditor that I am aware of. My company uses sub-contractors too, of course (all companies do..and always will) and they all get 1099s..but none would remotely qualify as FT employees nor do they want to be FT employees.
I have heard directly about some fab and 'job shop' businesses that use mostly 1099 help. I know a guy who is a CAD operator for a private 'job shop' that has worked as a 1099 contractor for years yet never leaves the same cubbicle 40 hours a week. The home construction industry is almost entirely 1099 contractors. But government support companies?...I'd have to see some hard evidence of that to buy it..
Annoying_Boy
New Member
Shock. Horror.
You missed something again?
Go talk to IT contractors that work for companies on PAX and ask them if they are salaried or hourly and if they have any supervisory responsibilities?
How often do these type of salaried workers get paid?
Answer: twice, the first and 15th, regardless if that added up to more than 40 hours in a week.
Shock. Horror.
You missed something again?
Go talk to IT contractors that work for companies on PAX and ask them if they are salaried or hourly and if they have any supervisory responsibilities?
How often do these type of salaried workers get paid?
Answer: twice, the first and 15th, regardless if that added up to more than 40 hours in a week.
Exempt versus non-exempt..that is not what the OP and link was about nor why I followed up with the question I did. Not at all. The article described and I was asking about the use of 'contract' labor; individuals who receive 1099s and not W-2s at the end of the year.
Annoying_Boy
New Member
If you want to have that conversation then you should have had the opportunity to talk to the folks that rolled out computers for NMCI on PAX and how they were classified.
If you want to have that conversation then you should have had the opportunity to talk to the folks that rolled out computers for NMCI on PAX and how they were classified.
You've totally lost me.
1. The OP posts a link to a SC news piece about misclassifying people who should legitimately be classified as employees as contractors instead.
2. You claim its done at Pax all the time.
3. I ask for an example.
4, You ramble off on a tangent having to with 'exempt' versus 'non-exempt' employees status which has absolutely nothing..zero..to do with the topic of the news piece that is the subject of this thread.
Good grief...
Annoying_Boy
New Member
The people on the roll out teams (deploying the computers, not repairing them) for NMCI (Navy, Marine Corp Intranet) were "independent contractors" according to the ones I spoke with.
They recieved nothing other than pay.
The FLSA has special rules for "computer employees" many of which that are exempt end up being salaried to avoid paying them the required minimum hourly rate.If you want to have that conversation then you should have had the opportunity to talk to the folks that rolled out computers for NMCI on PAX and how they were classified.
The people on the roll out teams (deploying the computers, not repairing them) for NMCI (Navy, Marine Corp Intranet) were "independent contractors" according to the ones I spoke with.
They recieved nothing other than pay.
OK..so...how many 40 hour weeks did those people spend doing that? If it was the better part of a year doing the same thing in the same place (even the same thing for the same company but in different places) then they could be misclassified.
On the other hand..our IT support guy is a 1099 contractor..and always will be. And as to the 'nothing but pay' part; I pay a typical 1099 contractor (our IT guy included) about twice per hour what an employee doing the same job would be paid and that is typical and largely unchanged in the nearly 25 years I have been in business.
Annoying_Boy
New Member
Preach it brother.
And those companies will laugh in those employees faces and say "the Department of Labor is way up the road, good luck in getting them down here!"
Do you still want your job?
And next you get to support the 'widely practiced' part of your assertion.
Don't go anywhere.
Annoying_Boy
New Member
Chasey_Lane
Salt Life
The whole exempt v. non-exempt topic could take an entire thread..but I was trying to stay within the confines of the OP's subject..which has nothing to do with the 'salaried v hourly' issue at all.
Some of them spent a lot of weeks, it was a very prolonged project.
"A lot of weeks" is not in the guidelines, I am sure of that much. I'll have to refresh my memory as to what my accountant considers 'pushing the envelope' in MD with respect to 1099 contractor support. They follow some general guidelines to avoid us getting in trouble with DLLR or Uncle..but I do not kow what they are off the top of my head.
And the employee versus independent contractor debate is pretty much handled under IRS rules. The degree of control and independence of the relationship will determine the appropriate classification. This IRS pamphlet covers it fairly well.
Sure there is!
I did say "that I am aware of"..LOL. We have all our accounting done by an acredited outside firm...and all financial data entry is done my our contracts administrator. I don't even know how to access my own accounting system so I' sadly limited as to what cheating I can do in it.
That said...we did once keep everything book-wise in Excell spreadsheets (Lotus 123 actually...i'm old, remember?) but the mess still got sent off at the end of the year to the accounting firm and they never cut us much slack..and still don't.
Thanks for the link, Ken
I knew the guidelines were vague..and a quick read confirmed that again. The whole "technical services specialist' exception is equally vague and is the one that everyone drives the proverbial truck through.
Like I said..my accounting firm has developed their own more specific 'rules' on 1099 classification that have stood the test of time and challenges; I have to go with them.
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Annoying_Boy
New Member
Do you want us to sew your head back on again now?