What can be done of my girlfirend recently got a sales agent job as an independent contractor but I don’t think it actually qualifies as a contracting job?

Get Legal Help Today

 Secured with SHA-256 Encryption

What can be done of my girlfirend recently got a sales agent job as an independent contractor but I don’t think it actually qualifies as a contracting job?

I’d love an opinion from an actual lawyer. Her hours are set they’re expected to work 9 am – 9 pm and occasionally volunteer to staff the front desk at 730 am. They’re given and required to memorize a script before being allowed to make their own sales. They’re given training. They work so many hours that it’s not realistic for them to be offering services to multiple companies. There’s no clear “end point” for the job. In the mornings, they’re expected to work at the AIL office phone calls, recruiting, etc.. They do have to pay for their license, and they’re not reimbursed for gas o

Asked on September 9, 2015 under Employment Labor Law, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

d on what you write, you appear to be correct she looks to be an employee, not an independent contractor. The key or most important determinant of whether someone is an employee is the degree of control exercised over them. If someone must keep regular hours, set by her employer has to work only at at the locations determined by the employer is told exactly how to do their job the script and are required to fill-in or pitch-in in many ways, instead of just doing the one thing they were hired to do, then they are almost certainly an employee, not an independent contractor. If you want more detail, you can find very similiar, but not quite identical, tests for when one is an employee vs. an independent contractor on the IRS and federal Department of Labor websites.
If someone is an employee, the employer must withhold salary for taxes and the employer, not the person, pays the employer portion of social security, etc.--i.e. no "double taxation" the person must be paid for all hours worked if an hourly employee, and must be paid overtime when working more than 40 hours in a week if not exempt and the job you describe is mst likely not exempt and would eligible for the benefits given employees e.g. health insurance, vacation or sick days, etc..
d on what you write, you would be worthwhile for your girlfriend to contact the state and/or federal Department of Labor and discuss the situation with them or alternately, to consult with an employment law attorney in detail.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption