Quote from: ducpainter on January 10, 2013, 06:36:13 PM
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Then walk out...wait...

don't necessarily do what I'd do.

It can provide for lean times.

Quote from: ungeheuer on January 11, 2013, 05:22:43 AM
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Ideally this too... although having bills to pay can mess with ideals somewhat 

I already added a disclaimer...

I have a full time office job there as the safety & health program coordinator.

Instruction, or teaching classes is not my job, so they want to use me as needed as a contractor. If the contract classes were on sat, sun, or after 5 PM, there would be no issue.

I am not going to sign the paper. I will continue on with my boring office work and look elsewhere.

I have no desire to work for myself as a full time contractor. I like having coworkers, an office to go to, a steady (regular) pay check, etc.

Quote from: Little Monkey Toes on January 11, 2013, 05:46:49 AM
I have a full time office job there as the safety & health program coordinator.

Instruction, or teaching classes is not my job, so they want to use me as needed as a contractor. If the contract classes were on sat, sun, or after 5 PM, there would be no issue.

I am not going to sign the paper. I will continue on with my boring office work and look elsewhere.

I have no desire to work for myself as a full time contractor. I like having coworkers, an office to go to, a steady (regular) pay check, etc.

Best of luck LMT...  ((Hugs from NM))

I've re-read your first post a couple times and I don't get it. Why the need to re-classify your status on training days? Why can't you just teach those days and it count as your regular hours? What is the advantage of what the boss is trying to do? Conversely, why is agreeing not to take a day off on days you are scheduled to teach an issue? Aren't they scheduled well in advance?

Lastly. When the commute jumped up and the company wasn't following through with their promises, I would have walked.

being the payroll expert that i am , you can actually have 2 classifications (employee & 1099) at a job as long as the positions don't overlap & one of the jobs youre doing qualifies for a 1099 classification

for example, you work retail during the day & after hours, as a side job, you design the companies website.. during the day you would be an employee & after hours you would be 1099

1099 classifications do not usually accrue vacation...

to me, your description of the job doesn't qualify for the 1099 classification.. but you can verify the classification with the IRS
http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Independent-Contractor-%28Self-Employed%29-or-Employee%3F
there's a form you can complete to get their determination..

to me it sounds like your employer is using this as a workaround to reduce their payroll taxes & potential overtime

if the classification can truly be considered 1099, then I see both your position, as well as the companies..

so, if i'm understanding correctly, if you want to take a week off & there is a class that you are scheduled for on thursday, you would only be paid for monday, tuesday, wednesday & friday, correct?

My questions are:
1. how far in advance are the teaching schedules made?
2. how far in advance do you have to schedule time off?

We are a small non-profit and set in our ways. There is a very strong division between training and office workers. We have 2 full time trainers and use a ton of contract instructors. This month there are 33 classes scheduled around the PNW.

I offered to teach at my regular rate and they said no, I had to do it as a contractor. 

Not in any position to walk away from a steady pay check.

Quote from: Little Monkey Toes on January 11, 2013, 01:02:27 PM
We are a small non-profit and set in our ways. There is a very strong division between training and office workers. We have 2 full time trainers and use a ton of contract instructors. This month there are 33 classes scheduled around the PNW.

I offered to teach at my regular rate and they said no, I had to do it as a contractor. 

Not in any position to walk away from a steady pay check.

nonprofit or not, the irs sets the ways 

Quote from: elyse on January 11, 2013, 01:01:28 PM
to me, your description of the job doesn't qualify for the 1099 classification.. but you can verify the classification with the IRS
[so, if i'm understanding correctly, if you want to take a week off & there is a class that you are scheduled for on thursday, you would only be paid for monday, tuesday, wednesday & friday, correct?

It is not about getting time off. I work M - F 8 to 5 and get paid by the hour to do so. I can take a day off and use vacation or sick leave no problem. If I come to work on a Thursday and teach a class, for my regular pay check, it is a day off without pay.

Instead, I get the contract rate of $250 for the day. 

If I teach a couple of times a week, my regular paycheck will be much smaller. The contract check will have no taxes taken out.

So the contract rate of $250/day is less than you make in your hourly position for a day (after considering ~30% removed for taxes)?

If not, then I don't see the big deal with not getting paid the hourly rate the days you teach. Your paycheck will be smaller sure, but you'll have been paid the contract rate for the days you taught so it should roughly even out.

The vacation thing sucks since I don't see how that costs them more than if they just pay you for a reglarly use vacation day, but it doesn't seem like that big of a deal. No one lets an hourly employee take a vacation day and then show up to work anyway and get paid again...which is kind of the same.

Am I missing something?

Quote from: Little Monkey Toes on January 11, 2013, 01:08:19 PM
It is not about getting time off. I work M - F 8 to 5 and get paid by the hour to do so. I can take a day off and use vacation or sick leave no problem. If I come to work on a Thursday and teach a class, for my regular pay check, it is a day off without pay.

Instead, I get the contract rate of $250 for the day. 

If I teach a couple of times a week, my regular paycheck will be much smaller. The contract check will have no taxes taken out.

ok, i get it now.. i dont necessarily think that's legal either.... because to have the 2 separate classification, means the work situation should be 2 separate entities..part of being classified 1099 means that the employer has a "lack of control", by denying the vacation time to the "employee" in order to pay as 1099, would exhibit a control factor.. i wouldnt sign anything either...

What is this "paid vacation" you speak of?  Never had one.

My totally non professional opinion:

Getting paid for your day's work and getting paid as a contractor is double dipping.
Working as a contractor on your vacation day is not double dipping.


No, you are not being unreasonable.  Reality is in the present job market the employer has the upper hand though.

Quote from: howie on January 11, 2013, 08:58:37 PM
My totally non professional opinion:

Getting paid for your day's work and getting paid as a contractor is double dipping.
Working as a contractor on your vacation day is not double dipping.


No, you are not being unreasonable.  Reality is in the present job market the employer has the upper hand though.

Working as a contractor for the same company on a paid vacation day is double dipping. Working for yourself or for another company on unrelated work on a paid vacation day is fine. I'm not allowed to work OT on a vacation day at the PD but I can work my 2nd job all I want. They are unrelated. I can however, work OT on a holiday and get paid 26.75 hours for 12.5 hours of work.