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Ind. Contractors required to work set shift? Nevada

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  • smrage
    started a topic Ind. Contractors required to work set shift? Nevada

    Ind. Contractors required to work set shift? Nevada

    Does this seem legal? If anyone knows for sure, I'd love a link for reference as it seems hard to find.

    Let's say a barber shop hires me as an Independent Contractor where I get paid a set commission determined by the management of the shop. Now, the management says I am required to work from 8 to 5 monday-friday so I am available for walk-ins. However, I am not paid anything for being there 8 to 5, just the commission I make IF I get a walk-in. So, I could be required to work a full shift and if I get no walk-ins or appoints for that day, I make absolutely nothing.

    To me, it seems like I am working as employee but classified as an Independent Contractor so the company could save money on hourly wages, insurance, FICA, etc.

  • DAW
    replied
    Agreed, although technically the only people whose opinions actual matter are those who work for federal and Nevada DOL.

    http://payroll-taxes.com/articles/art2.html

    http://www.dol.gov/esa/regs/compliance/whd/whdfs13.pdf

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