Get ready people because this is a slick manuever by your new owner and it's perfectly legal. Techs are asking on this website what the hell is a 1099 contractor. Meanings are given but clearly not enough. Again, if you do your homework and do a little research, you'll find the answers. So, here goes.....
From the website tentiltwo.com:
Do you know the difference between an independent contractor versus an employee? The distinction is relatively black and white. Recently, this question appeared on LinkedIn:
What’s the benefit of hiring a W2 versus hiring a 1099 consultant for the same job? I’m interested in your opinion when comparing a W2 to a 1099 hire. Thanks.
This is the answer that was given:
I can’t think of a reason to put someone on a W2 instead of a 1099. If the need is for a permanent, full-time position, then W2 is generally the way to go. If the work doesn’t fit this category, I can’t think of a reason to use a W2 employee.
Well, she kind of got it right.
It seems there is a trend to move more and more work to independent contractors rather than hire employees directly onto the payroll. The answer above is missing a few very critical points; specifically, the legal definition of a contractor and if the job can be filled by a 1099 worker or must it be a W2 employee?
The answer here is as simple as two little words. A Duck. If it walks like a duck and quacks like a duck, it’s a duck. In other words, if the position requires the employee to be directed as to how, when, where and with what to do the job, then get quacking… he is a W2 employee. If however, the job will be done independently, then a 1099 may be the way to go.
Think of a roofer. If you call someone to fix your roof you don’t tell him what size nails to use, how to swing the hammer, which guys on his team will work and when to break for lunch. That is because they are independent (AKA 1099) contractors. Now if you have an administrative assistant who is required to be at the office at 9am, dress according to code, take lunch at noon, use Microsoft Word on an office computer and report to a supervisor, well that’s a W2 employee.
OK. Now get ready for the kicker. Again, from the same website......
There is an enormous amount of confusion, both by individuals and employers, regarding 1099 status. Many people mistakenly believe that the decision to classify someone as an employee or a contractor is solely at the discretion of the company with the work. And all those people would be wrong.
This is important stuff, as contractors carry more of their tax burden than their employee counterparts. Employees only pay half of their Social Security and Medicare taxes (FICA), while their employers pick up the other half. Contractors are burdened with the entire tax bill, including the state and federal income tax that is generally withheld weekly from employee paychecks.
Damn. This reminds me of the song "Smooth Operator." Altice, legally, will avoid paying half your Social Security and Medicare taxes. So, you better find yourself a damn good tax accountant to figure out your tax returns. It will be a mess.
Now, that being the case, how would you fight it? The IRS takes mislabeling workers as contractors big time. So, here are IRS "rules" that Altice CAN NOT break, if they wish to label you as a 1099 contractor:
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You don’t submit a weekly or monthly invoice for your services.
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The guy you work for refers to himself as your boss.
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You have a specific schedule, are monitored by someone and are told when to take your lunch break.
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There are other people with whom you work that are doing the exact same job, but are classified as W2 employees.
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The company gives you a uniform and you are required to wear it.
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You drive a company vehicle.
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You have company business cards and a company email address.
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The company tells you when you can take a vacation.
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You are using a computer provided by the company.
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The IRS calls and says, “We need to talk.”
Also...
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requiring the prospective contractor to start with two weeks of training and two weeks of shadowing;
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requiring contractors to “punch in” in the morning, and work all jobs assigned to them until the system allows them to finish, which could be 12 hours later, and allocating a “lunch period” at the company’s discretion;
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requiring a “non-compete” agreement that prevents them from working for other cable installation contractors —
All of which violate basic components of the employee vs. independent contractor test, as described on the IRS website.
A true independent contractor already has the skills for the job, rather than needing training in the employer’s system; has discretion in hours worked, and in break periods; and is able to work for multiple job sites.
What’s more, because of the “contractor” system, it is the individual, and not the company, that loses out when a customer cancels, or when the job takes longer, sometimes even far longer (an installer tells tales of customers making him wait while they run out to buy a TV), than it should. And these workers are given visions of large paychecks that never materialize, especially after the need to rent and purchase equipment, pay gas bills, and, come tax time, manage self-employment taxes, and, come tax-time, discover that none of their taxes have been withheld. And because of these expenses, they’re not able to successfully determine a true take-home pay.
Jesus Christ !!! What are you veterans and newbies waiting for? What is there to explain? The info I have provided for you guys is voluntary. I don't have to do squat. I am retired and living on Social. I am not wanting of anything. I have all my toys. But I don't how many times you have to be slugged on the head before you realize your brains are scattered all over the floor. And I perceive much fear from amongst you. Almost all the responses are written by "Anonymous." As though Altice is able to find out who the hell you are. My God... make up a name at least. This way technicians can see if it is the same persons or otherwise. There's no way to tell if responses are from the same source. It would also give everyone an idea of how many DIFFERENT technicians are concerned. You're NOT dealing with the NSA, CIA or the Secret Service. Nor was Eric Snowden recently hired by Altice.
And here's my message to Altice.... because we all know you're keeping tabs..... DON'T PISS ME OFF !!!