Re: [Iasa20] employees and contractors in 6635bis

[Stephen Farrell <[e-mail]>]

Hiya,

On 30/04/2019 23:49, John Levine wrote:
> In article <[e-mail]> you write:
>> ISTM that the fixed-term with re-appointment model for
>> the RSE role inherently means not filling that role by
>> hiring an LLC employee.
>>
>> Where am I wrong in the above?
> 
> It depends where the employee is.  

Yes. As I explicitly said in my mail.

My point being that we don't want to constrain selection of
an RSE based on geographic variations in employment law. For
this role, that could be a significant constraint.

> Here in the US, if you hire a person as a contractor but the the
> nature of the job is more like an employee (the so called IRS 20
> questions), the person can file an SS-8 form with the IRS to ask to be
> reclassified as an employee.  If the IRS agrees, the employer has to
> pay unemployment and social security and medicare taxes for the
> employee, retroactive to when they were hired.  It can be a
> significant financial risk for the employer.

Yes. But the RSE role has not been "more like an employee"
at all. And I sincerely hope that a wish for an RSE that is
more like an employee is not one that is widely held.

> This is yet another reason why it's absurd to try to micromanage this
> stuff from afar.  Give the LLC board some credit for not being total
> incompetents and let them have the flexibility to do their job.

I wish you'd stop saying that. It is not always relevant.
Discussing whether an RSE can be a contractor/employee is
not micromanaging. Disagreeing does not constitute a claim
that any other person is incompetent.

S.

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