General Discussion

caraher

(6,359 posts)

27. But I think that's the contractor loophole

Tue Apr 30, 2013, 01:25 PM

Apr 2013

As a contractor you are you're own employer, so you cannot seek redress under those laws from the entity with whom you have contracted.

You'd be right if you were deemed an employee, but under this kind of arrangement I think you are not.

Disclaimer: I am not a labor lawyer

Edit history

Please sign in to view edit histories.

Recommendations

0 members have recommended this reply (displayed in chronological order):

217 replies

= new reply since forum marked as read

Highlight:

I am sick of being treated less than human [View all] Taverner Apr 2013 OP

I am TOTALLY on the "Fuck Capitalism" bandwagon. RevStPatrick Apr 2013 #1

I had one of these jobs for nearly 10 years. Figured out the only way to survive was SharonAnn Apr 2013 #62

I am in the same boat. 11 years of increasing responsibility with no pay. RadiationTherapy Apr 2013 #65

If you're sick of putting up with it, but too scared to do something, then what? Brickbat Apr 2013 #2

Only one thing you can do Taverner Apr 2013 #7

Complain? Brickbat Apr 2013 #12

Nope... Taverner Apr 2013 #14

Oh. Carry on, then. Brickbat Apr 2013 #21

Could never do that. Lurker Deluxe Apr 2013 #22

So, let them eat cake? Duer 157099 Apr 2013 #30

Looking for a new, salaried job Taverner Apr 2013 #34

"...simply seek out other employment..." Looks good on paper, but isn't that easy. gateley Apr 2013 #55

Looking for other employment is 'doable' rosesaylavee May 2013 #185

^^ Yep ^^ Myrina Apr 2013 #43

I have to put up with the offshore replacements Skittles Apr 2013 #125

Everything has to start somewhere. First people complain, then they go public with their sabrina 1 Apr 2013 #168

Start a vegetable garden. freedom fighter jh Apr 2013 #60

FYI, 7-10 days is common germination time. truebluegreen Apr 2013 #78

Thank you truebluegreen. freedom fighter jh Apr 2013 #147

I usually costs me about $20 a tomato by the time I finish with the soil... Walk away Apr 2013 #115

my uncle saves seeds from storebought tomatoes that he likes and plants them in the spring. HiPointDem Apr 2013 #151

I have a friend who grow beautiful heirloom tomatoes from seed... Walk away Apr 2013 #165

i have trouble with tomatoes in pots too. the ones i put in the regular ground do better. HiPointDem May 2013 #173

I think I have tried every available soil known to man. Walk away May 2013 #187

Everything I've seen says you need real big containers for tomato plants. freedom fighter jh May 2013 #202

Talk to me about garlic quakerboy Apr 2013 #160

I plant the cloves in pots in September and forget about them until.... Walk away Apr 2013 #164

Soil doesn't freeze here nebenaube May 2013 #199

I wish I could! Supermarket garlic never tastes right! nt Walk away May 2013 #200

Keep the soil that the seeds are in moist, but not saturated. bluestate10 Apr 2013 #137

Thank you bluestate10. freedom fighter jh Apr 2013 #146

Sing it, bro! Wounded Bear Apr 2013 #3

"being treated less than human" pintobean Apr 2013 #4

Wow. Just wow. marmar Apr 2013 #6

This message was self-deleted by its author devilgrrl Apr 2013 #41

Yep, some of us have noticed. nt laundry_queen Apr 2013 #50

What course are pintobean Apr 2013 #58

This message was self-deleted by its author devilgrrl Apr 2013 #63

You joined this thread to talk about me pintobean Apr 2013 #79

This message was self-deleted by its author devilgrrl Apr 2013 #90

That didn't answer my question. pintobean Apr 2013 #91

That was probably not timdog44 Apr 2013 #124

You've clearly never worked for a company where the low paid contract employees do all the work... TroglodyteScholar Apr 2013 #13

If you're unemployed, your chances of landing a job are pretty bad in this economy. badtoworse Apr 2013 #35

My experience has been the opposite. ieoeja Apr 2013 #49

HR Gate grump3r Apr 2013 #106

you're anti labor now too? CreekDog Apr 2013 #94

Only you could come to that conclusion. pintobean Apr 2013 #97

you say the guy who can't get overtime needs "waaahmbulance" CreekDog Apr 2013 #99

This message was self-deleted by its author Occulus Apr 2013 #118

So, your theory is, I stalked him by forcing him to reply pintobean Apr 2013 #127

Go away, stalker Occulus Apr 2013 #128

More brilliance. pintobean Apr 2013 #129

Go away, stalker Occulus Apr 2013 #130

Oh Pintobean misses racist emilyg and wants gun nut rdigital back? CreekDog Apr 2013 #132

This message was self-deleted by its author devilgrrl Apr 2013 #145

"You could keep telling yourself that." pintobean Apr 2013 #148

This message was self-deleted by its author devilgrrl Apr 2013 #149

I just bookmarked a hilarious thread. pintobean Apr 2013 #150

Correct. That kind of a post is anti-worker and anti-labor. nt stevenleser May 2013 #189

Bullshit Steve pintobean May 2013 #197

Pretty obvious conclusion RetroLounge Apr 2013 #156

I've been wondering where you were pintobean Apr 2013 #159

Glad you missed me. RetroLounge Apr 2013 #163

This message was self-deleted by its author devilgrrl Apr 2013 #98

+1 not loving your job doesn't mean you're being treated as inhuman nt Dreamer Tatum Apr 2013 #111

and you're anti-labor as well CreekDog Apr 2013 #133

i'll suggest a wambulance, for *you*. HiPointDem Apr 2013 #152

As in being anti labor? RetroLounge Apr 2013 #155

Unfortunately, you are not alone. Arctic Dave Apr 2013 #5

if you are a contractor you are not an employee tiredtoo Apr 2013 #143

I've been an independent contractor for 33 years. meaculpa2011 May 2013 #177

"Contractor" is just another word for "slave" AngryOldDem May 2013 #183

That's rough el_bryanto Apr 2013 #8

Here's why regulated capitalism does not work Taverner Apr 2013 #10

What a great synopsis of what's going on... Whiskeytide Apr 2013 #18

At least in the present context it doesn't caraher Apr 2013 #23

They will find a way. As long as they own the means of production, they win. Taverner Apr 2013 #25

Brilliantly & succinctly put! JNelson6563 Apr 2013 #26

you hit the nail on the head ! olddots Apr 2013 #38

Tell it! Newest Reality Apr 2013 #59

you actually believe there's some perfect system? bzzzzt. human nature cali Apr 2013 #72

Did I say that? Wow...you are just making *&%$# up today! Taverner Apr 2013 #76

Well what are the other options? el_bryanto Apr 2013 #105

Germany's economy is thriving CreekDog Apr 2013 #134

Yep - Germany is a well regulated capitalism. el_bryanto May 2013 #191

my question as well KentuckyWoman Apr 2013 #154

Brilliant analysis, in 50 words or less, AngryOldDem May 2013 #181

Don't you dare get sick, or hurt yourself for that matter NightWatcher Apr 2013 #9

Yep Taverner Apr 2013 #11

Eligible for workers comp? NO! Eligible for unemployment? NO NightWatcher Apr 2013 #15

I know your speaking tongue-in-cheek... Whiskeytide Apr 2013 #20

Amen! My employer recently announced an intention to outsource 40% of our operations... arcane1 Apr 2013 #16

War is peace. ctsnowman May 2013 #188

TRAPITALISM JaneyVee Apr 2013 #17

BINGO! nt Taverner Apr 2013 #33

If that isn't a bumper sticker, it should be. HughBeaumont Apr 2013 #37

I second that!!! AZ Progressive Apr 2013 #85

Health care trap ErikJ Apr 2013 #96

Are you paid by the job or hourly? SheilaT Apr 2013 #19

But I think that's the contractor loophole caraher Apr 2013 #27

Technically, I would call myself a "Temp" Taverner Apr 2013 #29

...and they work you (us) like.... Wounded Bear Apr 2013 #53

that's exactly what i call my agency: my pimp noiretextatique Apr 2013 #54

So I'm still slightly puzzled. SheilaT Apr 2013 #84

I am hourly - and I work for an agency Taverner Apr 2013 #87

Hourly, and yes, there are federal laws Taverner Apr 2013 #28

Have you ever heard of the National Labor Relations Board? SheilaT Apr 2013 #89

I would get my pay, and then a month or so later my services would no longer be needed Taverner Apr 2013 #93

Is there only one agency in your city? SheilaT Apr 2013 #104

Word has a way of getting around. jeff47 Apr 2013 #136

The reason they get away with it is quakerboy Apr 2013 #161

All the more reason to hold their feet to the fire. SheilaT May 2013 #170

Easily said, less easily done quakerboy May 2013 #180

Painfully true... creativebliss May 2013 #196

Capitalism is the excuse that aggressive bullies and other exploiters use AZ Progressive Apr 2013 #24

If a majority of people would learn about, and have a good understanding of "predators"... Larry Ogg May 2013 #190

We will suffer this system until we rise up and are willing to die to stop LiberalLoner Apr 2013 #31

We really need the IWW Taverner Apr 2013 #32

Yup. But their strength was based on people willing to die LiberalLoner Apr 2013 #48

That is true. Also, because their strategy of non compliance. Taverner Apr 2013 #52

As said by Enjolras in Les Mis... ChaoticTrilby Apr 2013 #113

Amen! LiberalLoner Apr 2013 #117

So how would it work in a non-capitalist system? Nye Bevan Apr 2013 #36

I don't know. But it's like being on fire. Taverner Apr 2013 #47

Why can't people think beyond the capitalism - communism spectrum? AZ Progressive Apr 2013 #70

I think abolishing the stock market would be a great start... Taverner Apr 2013 #74

What's the purpose of the stock market for companies other than to allow them to become bigger? AZ Progressive Apr 2013 #77

Amen, AZP... Taverner Apr 2013 #80

Don't fuck capitalism completely aristocles Apr 2013 #39

He was lucky. Many have not been so lucky. Taverner Apr 2013 #42

One of the reasons for this guy's success aristocles Apr 2013 #45

"Optimism???" Taverner Apr 2013 #46

You need to get yourself out of your current situation aristocles Apr 2013 #51

On the contrary, it's one of the main reasons why the US ranks near the bottom of industrial nations eridani May 2013 #175

Thanks for this post. That book opened my eyes to the myth of positive thinking creating success. canoeist52 May 2013 #203

I know that guy too! His name was John something. O yeah! it was Galt! Dragonfli Apr 2013 #158

Agreed! JNelson6563 Apr 2013 #40

" Just because there are others worse off does not negate the fact that an injustice..." Taverner Apr 2013 #44

Yes, the "Be grateful JNelson6563 Apr 2013 #66

That attitude is what is allowing the race to the bottom. ctsnowman May 2013 #192

Correction: Fuck De-regulated, Ayn Randian capitalism!!! Initech Apr 2013 #56

Not disagreeing with you but... ag_dude Apr 2013 #68

We need to discourage obscene wealth and power gathering AZ Progressive Apr 2013 #83

There are folks who have jobs at which they post on DU in the middle of the work week, in the bike man Apr 2013 #57

And once I saw a welfare recipient....and they had a CELL PHONE!!!!! Taverner Apr 2013 #82

lol ctsnowman May 2013 #194

Here's a thread talking about getting back on DU at work. bike man May 2013 #204

Middle of the work day.... there's a name for that. Gormy Cuss Apr 2013 #114

9:30 AM pintobean Apr 2013 #116

I was replying to a comment about the middle of the work day Gormy Cuss Apr 2013 #121

And the 'cube rats' really only use the office computer for "not safe for work" stuff during bike man Apr 2013 #120

What does NSFW have to do with it? Gormy Cuss Apr 2013 #122

Really? With the warnings that have been posted along the lines of "Check this out. NSFW" And bike man Apr 2013 #123

Yeah, well surplus value is a form of theft too..... socialist_n_TN Apr 2013 #131

No, sorry. It's not theft if the employer endorses usage. Gormy Cuss Apr 2013 #142

did you alert on the dying person's thread during your lunch break? CreekDog Apr 2013 #135

^ this...right...here mtnester May 2013 #215

Still trolling the hosts forum to out alerters? pintobean May 2013 #216

I hear you. I'm a substitute teacher and technically a LibDemAlways Apr 2013 #61

I take it you work in IT? tia uponit7771 Apr 2013 #64

Isn't it "Bang" "Galore"? Sounds almost as fun as Bangcock and Phuket! AAO Apr 2013 #67

Whoa... cali Apr 2013 #69

Do you know how competitive India is? Taverner Apr 2013 #71

and that has shit all to do with YOUR casual racist shit. cali Apr 2013 #73

Hardly racist. If I'm such a racist, why don't you alert? Taverner Apr 2013 #75

Definitely a bully, Taverner Ishoutandscream2 Apr 2013 #103

I should learn the first rule of trolls Taverner Apr 2013 #109

sure, I'm a troll. Pathetic. cali May 2013 #186

I don't agree with Cali often, but he is no bully or troll. For you to remotely make such an bluestate10 Apr 2013 #140

Definitely a bully. Ishoutandscream2 May 2013 #213

Look at post 69 as exhibit A Ishoutandscream2 May 2013 #214

What a pile of stinking bullshit RetroLounge Apr 2013 #157

What They're Doing to You is Called Wage Theft I Believe dballance Apr 2013 #81

Contractors (pay your own damn FICA) Temps (low pay no security) mountain grammy Apr 2013 #86

Want to get REALLY pissed off? Spitfire of ATJ Apr 2013 #88

How much are you getting paid?? cbdo2007 Apr 2013 #92

Unregulated capitalism has to be the worst system in the world..... Little Star Apr 2013 #95

"But what the f do I know." ctsnowman May 2013 #193

Truck Driver grump3r Apr 2013 #100

Never do contract work for an LLC. NEVER. tridim Apr 2013 #101

I hear you. It's a form of terrorism in and of itself. Keeping people in fear. n/t OneGrassRoot Apr 2013 #102

Dude, I was with you until you got quasi-racist about it. harmonicon Apr 2013 #107

Post removed Post removed Apr 2013 #108

Do you work in IT by any chance? octothorpe Apr 2013 #110

Oh brother Dreamer Tatum Apr 2013 #112

This is why "right to work" laws mean "right to screw employees" Swede Atlanta Apr 2013 #119

If you are a contractor and they pay you work 50 hours, and they pay you for 40, in California that still_one Apr 2013 #126

Actually, it's illegal everywhere in the US jeff47 Apr 2013 #138

Actually there is something called nonexempt, which means you make a straight salary, but that does still_one Apr 2013 #141

You've got that backwards jeff47 Apr 2013 #162

You are correct because I am in that category, and no, I am not management, just a programmer still_one Apr 2013 #167

Other way around. meaculpa2011 May 2013 #179

What do you think the opposite of capitalism is? It ain't "work 50, get paid for 50." Honeycombe8 Apr 2013 #139

I am going to try to link this thread in my blog tomorrow tiredtoo Apr 2013 #144

That's why we should have unions Rosa Luxemburg Apr 2013 #153

Capitalism isn't the problem. Jamaal510 Apr 2013 #166

+1 tofuandbeer May 2013 #172

capitalism *is* the problem, because capital *must* grow, and growth means eating others. HiPointDem May 2013 #174

Amen dude. It's time for some big changes. nt limpyhobbler May 2013 #169

12 Years ago I was making $21.00 an hour... tofuandbeer May 2013 #171

That seems to be the sad and sorry pattern. And truedelphi May 2013 #176

Yes. And with the sequester, I see this kind of thing becoming a permanent part of our country. :( tofuandbeer May 2013 #210

Crazy idea... TXleigh May 2013 #178

Learn a new skill and get a different job oberliner May 2013 #182

How do bills get paid as his life hypothetically gets put on hold? HughBeaumont May 2013 #195

Not easily oberliner May 2013 #198

Why do you think it's somebody else's job to answer those questions? ag_dude May 2013 #205

"Learn a new skill" may have worked 30 years ago with relative ease . . . HughBeaumont May 2013 #206

If you expect to stay ahead of other nations ag_dude May 2013 #207

Come on, let's not be naive here . . . HughBeaumont May 2013 #208

Well, there was this "I am free" thread of not too long ago, proclaiming freedom bike man May 2013 #217

How would you answer your own questions? TXleigh May 2013 #209

That's kind of the point. I want to hear the answers from a "Bootstrapper". HughBeaumont May 2013 #211

K&R n/t AngryOldDem May 2013 #184

K&R! patrice May 2013 #201

Some lawyers make a cottage industry taking cases like yours Recursion May 2013 #212