INDEP CONTRACTOR

[WITAXLADY]

HELLO, hoping you can give me some quick insight  - Amish approached client and wants him to come work as foreman/supervisor over construction work crew.

The Amish will provide him a truck - from his "home office", he will leave early and pick them up 1 1/2 hours away and then go to job site(s).

Client will buy some tools but most provided - Is there any way this can be Independent Contractor?

I only see employee - any insight - is it because of it being Amish that they want this route?

Thx

[RitaB]

1 hour ago, WITAXLADY said:

I only see employee - any insight - is it because of it being Amish that they want this route?

It does appear that the worker would really be an employee.  Nah, it's not an Amish thing; it's a trying to save payroll tax and other related aggravation and costs of being an employer thing.  (Not to be too technical.)

[MDEA]

With the Amish you have other problems. From what I know they do not pay FICA or Medicare and some times all the money earned is pooled. They do not pay each other salary.

[Elrod]

Depends on the  Ordnung ...... Tim Allen, or Kirstie Alley would be a nice source......Wait..!...Maybe they weren't paid either.

Anyway....I agree with Rita, and MDEA.

[WITAXLADY]

thank you all - He is going to do it as IC - He does purchase the truck and they will make the payments - I said that will be part of your income - even if that is not part of the 1099 - but then he will have that...  He said they are all IC.

[Medlin Software, Dennis]

Employee in law and fact. The problem is the employee wants the job/money, so they will likely go along.  WC is probably the biggest cost savings for a construction employer gaming the system.  Employee loses out if they get hurt on the job.  Even if they later prove they are an employee, it takes time.  Allows employer to undercut not only expense, but pricing.  What the employee may not want to ponder is if their employer is comfortable breaking the law in payment, what other areas are going to be shoddy?  (I was on the "employee" side in my young naive days, in a dangerous job.)

[OldJack]

Well maybe IC.  What does the client do otherwise and does he do similar work for others?  Is there a written contact for a specific time or project.

[MDEA]

The major problem here is that he is dealing with the Amish. They do not have drivers licenses, they can not register a car, they do not borrow money,and I think they do not have bank accounts.This is the way they do things they are not trying to underpay this person usually they pay very well.

[Medlin Software, Dennis]

If intent is not the issue, and that may be true, will the employer pay if disabled, unemployed, killed?  Is the employee going to earn enough to buy their own coverage?  The OP implies the person is on the clock for 3 hours on the road, picking up others.  Is the employee being paid for this time?  Covered by insurance for this time?  What if there is an accident and one of the passengers or another party is hurt?  Who pays?  It may all sound and be good until something goes awry.  That is why I put it on the employee to make the decision.  Maybe they need the income.  If so, they really must consider the costs of taking the work, the costs their employer is not going to cover under the veil of IC.  Employee should get a business license, EIN, insurance, etc., and really act like they are in business if they choose to accept the offer as presented.

This is coming from experience nearly 40 years ago, taking a "job" as an "IC", Rented vehicles, transported my "coworkers", operated dangerous machinery at third party locations, and was somehow lucky enough to figure out it was a mistake before something went awry.  Cash seemed good, but so much went out before I could eat, I was not only at risk, I was woefully underpaid when counting what I could really spend.

[WITAXLADY]

pay is really good, and will be a LLC, Work comp on self does not pay out...  and could do work for others but will be working 50 + hours - which he is doing now for employer and not getting reimbursed or very low..  so he sees it as win win even if it does not work out as it gives him a good reason to leave

thx