I saw this ad recently, and I thought it raised several questions relevant to operating a business. I've edited the ad to encourage a generic discussion, rather than to focus on any one firm:
"XYZ Installations is looking for Technicians. Experienced and inexperienced Technician candidates are needed to fill available positions. Training is available for the right person. (We are) a very popular Broadband Speed Satellite Internet Provider, 90% of the work is Installations, the work is generated through national sales channels meaning that work load is consistent and year round. We offer competitive pay, support, and an up front and honest business relationship with our 1099 technicians. We can route techs 4-5 installs each day, that's a possible 400$ plus day doing (our work orders).
We meet once a week to pick up equipment and turn in paperwork, the rest of the week you start your day from your home, no body over the top of you all day watching your every move.
Compensation -- Call to discuss
Work days -- Saturday is a regular working day, 5 or 6 day work week available and we do not work Sunday.
This is a 1099 position and does require you provide your own tools, truck, and insurance.
Requirements:
1. You will need your own truck, van, or suv along with the tools needed to complete the work.
2. (Our vendor's) Certification. We will help you get this accomplished.
3. No Felonies, Assault, Battery, or Domestic battery charges.
4. Pass a Drug test.
We are very interested in good technicians, we know that without good technicians our company is not going to succeed, that being said we will go the extra mile to make sure our techs get paid correctly and support each one of them in any way we can. "
Now, I see a few issues with this.
First off, this work requires state licensing. Is it permitted for an 'independent contractor' to operate under another's license? What about business licenses for various towns?
Secondly, are you really an independent contractor-or an employee? Is this a dishonest attempt to dodge workmans' comp, unemployment insurance, etc.? How do labor laws apply- including wage & hour, OSHA, EPA (LEED), etc?
Let us assume there is a dispute with a customer. Is the 'independent contractor' liable, the firm that hired the independent contractor, or both?
What do you think?
