Re: [Iasa20] 6635bis

On Fri, Apr 26, 2019 at 5:19 PM John Levine <johnl@taugh.com> wrote:

> In article <e1d5c5fe-42ff-91d7-ed77-7192fde27cd5@gmail.com> you write:
> >>> The slant towards contracting made sense prior to forming the LLC, but
> now that the LLC has been formed
> >these functions could be performed by an employee.
> >
> >Specifically, I would regard that as a broken promise: not lightweight,
> not cheap.
>
> Sorry, but as others have implied that's just wrong.
>
> US employment law is complicated.  I have been an employer and an
> employee, been a contractor, and hired contractors, and I would still
> not claim to be an expert.  Whether someone is a contractor or an
> employee has nothing to do with the length of the contract or the
> terms on which it might be broken.  It has to do with stuff like who
> pays for medical insurance (a big deal in the US) and pension
> contributions.  It is not entirely up to the two parties -- there are
> cases where someone is hired as a contractor, appeals to the labor
> department, and it decides that the facts of the relationship make the
> person an employee.

See, e.g.,
https://www.nytimes.com/2019/03/12/technology/uber-drivers-lawsuit-settle.html

> You cannot say whether a contractor is cheaper or
> more expensive than an employee without knowing the details of that
> particular job and the particular agreements.
>
> This is the kind of business detail that we invented the LLC to take
> care of.  None of us are employment law experts and it would be absurd
> for us to define rules that purport to define the details of
> employment relationships.
>
> The IAB can certainly say who to hire as the RSE or whatever, what the
> job entails, for how long and what would make the parties end the
> agreement early.  Beyond that, it's up to the LLC.
>

💯💯💯

--RLB

>
> R's,
> John
>
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