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Old 07-16-2009, 09:01 PM   #3 (permalink)
dlish
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Location: Australia/UAE
in australia we have similar setups for similar purposes. in australia it is legal.

the 'employees' like yourself would work for the employer, and invoice the company each month accordingly.

the catch here, is the definition of what IS a contractor, and what is an employee? the definition in the australian setting is that someone who provides their own tools and is not bound to take orders from the employer is consdired to be a contractor. an empoyee does not have to provide his own tools, is bound to take orders and is bound to take orders from the employer.

the other important aspect of this rule in australia is the 70/30 rule. if you are in fact a contractor but you earn more than 70% of your income from the one source, then you are also classified as an employee. In this case, the company will then need to cover all your benefits, insurance etc. thus enabling the contractor to either take more work outside the company (as a real contractor would) or coming into the fold of the company (which isnt in the best interest of the company because they'd want to save money).

sorry i dont know anything about the US setting. just something to think about though
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