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Re: Cargebacks, Workmans Comp, and General Liabili


I see this type of post over and over.

First, Lets discuss the "subcontractor relationship".  Do you purchase the materials you install or are they provided to you?  Do you schedule your own work schedule and work hours or are the determined for you?  As an "Independent" business, another entity cannot provide WC/GL policies for it.  See where this is going?

Second, it doesn't matter if you are paid points, dollars, or chicken wings.  No deductions are allowed from wages for any reason. Ever.  An employer can request payment for damages or damaged or lost tools or equipment, but no decuctions are allowed. Ever. An employer can fire you for losing stuff, but a paycheck is sacroscant. 

Also important, albet not mentioned in your post, is that all work perfomed must be paid for at a fixed level.  Cannot change from week to week.  Piece work is allowed, but there are rules governing the methods.  the rules also speak to the improper act of "adjusting points, prior to conversion to dollars.  Also, all work performed after forty hours in a regular work week must be paid for at one and one half times the regular rate. Even if its in chicken wings.

See your local Department of Labor official and ask for the twenty point determination fact sheet they use to classify "contractors" vs "employees".

Your Prime can call you anything he wants, but he must treat you, as an employee, and according to the regulations set forth by the Federal Department of Labor.  Your state, and your Prime, did not get a special deal.
This is CABL.com posting #304612. Tiny Link: cabl.co/mbrpg
Posted in reply to: Cargebacks, Workmans Comp, and General Liability by FredRock
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