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IC vs Employee Status - Work At Home

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  • IC vs Employee Status - Work At Home

    As a work-at-home medical transcriptionist, I often find potential work opportunities are confusing with the company's expectations.

    Some advertise for an Independent Contractor but then proceed to list the pay, the hours and other "demands". I was under the impression that as IC, the company could not set my hours for coverage and that compensation was a negotiated point.

    Is it legal or appropriate for these companies to make the same expectations (predefined hours and rates of pay) for ICs as for employees?

    Thank you.

  • #2
    Probably not legal. However there are a bunch of factors which get looked. You are picking out several of the factors and saying that those and only those factors are determinate. Maybe. Maybe not. In fact the jobs are probably not legally IC, although not necessarily for the reasons you are citing. I can give you webpointers to the rules used by IRS and federal DOL. Past that, there are some industry specific exceptions to the common rules.

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

    http://www.irs.gov/businesses/small/...=99921,00.html

    If I am reading your posting correctly, you are not actually working for these firms yet. Arguably the best solution is to simply never start working for them. Even if this is legal, there are arguably better situations out that.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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