I feel we need to get this information out in to all independent adjusters, for us to stand together. I will send out information from time to time that is crucial for this industry to change. ARE YOU Tired of the one supervisor that pulls your files due to one little detail, Tired of not receiving the funds due to you for your finished product, Tired of the negative emails from storm supervisors. Tired of the absurd time frames that are place on our work, then the negative push push emails. We have to stand together as one voice. We are independent contractors, not their employees. We do have recourse, even though I have heard a thousand times, WE DO NOT.
YES WE DO, and you will start receiving information on how we have recourse for their (the firms) unjustified responses, rude emails, negativity, ridiculous time frames, and removal of our pay (pulling claim files) when our work is almost complete, for ridiculous reasons.
If you have been in this industry for a while then you know what I am stating, we all have our stories about supervisors and firms.
The information below is from the US Department of Labor Law for Independent Contractor verses Employee.
This link takes you to the US Department of Labor web page on this subject, and your states labor laws. Sorry you will have to copy and paste:
I do not wish to be an employee; this is about being treated as an independent contractor (self-employed).
Flexible Staffing Arrangements
A Report on Temporary Help, On-Call, Direct-Hire Temporary,Leased, Contract Company, and Independent Contractor Employment in the United States
9.1 Who Is an Employee? Determining Independent ContractorStatus
Independent contractors, by definition, are self-employed and because they are not employees, independent contractors are not covered by employment, labor, and related tax laws. Employers may be tempted to reclassify employees as independent contractors in order to avoid taxes, benefits, and other liability. Whether or not a worker is covered by a particular employment,labor, or tax law hinges on the definition of an employee. Yet, statutes usually fail to clearly define the term "employee", and no single standard to distinguish between employee and independent contractor has emerged. For example, the IRS uses the so-called “20-factor test,” in which it assesses the degree of control the company exercises over the way the work is performed by the independent contractor. If the company exercises too much control, the worker is deemed to be an employee. Employers do not have to pay FICA (social security and Medicare) and FUTA (federal unemployment insurance)taxes on independent contractors, nor do they have to withhold federal income taxes for these individuals. The IRS, which estimates that it loses billions in tax revenue each year due to misclassification of employees as independent contractors, has cracked down on the problem in recent years.
The IRS 20-factor, right-to-control test is used to assess an employers’ tax liability. A similar test is used in most states to determine status under workers’ compensation laws. The so- called “economic realities test” or a hybrid of the right-to-control and economic realities test often issued by courts to determine independent contractor status in other circumstances. In essence, the economic realities test makes it harder to classify a worker as an independent contractor, because, in addition to considering the degree of control the employer exercises, it takes into account the degree to which the workers are economically dependent on the business. The economic realities test is used to determine employee status under the Family and Medical Leave Act (entitling workers to unpaid leave under certain circumstances), the Fair Labor Standards Act (establishing a minimum wage), and the Worker Adjustment and Retraining Act (providing for advance notice in event of plant closings and mass layoffs). Additionally, it is often applied by courts in determining independent contractor status in civil rights cases under Title VII of the Civil Rights Act, the Age Discrimination in Employment Act,and the Americans with Disabilities Act. States use a variety of other tests to determine independent contractor status for unemployment insurance purposes.19
The plethora of tests defining independent contractor status applied across federal and state laws makes it possible for a worker to be classified as an independent contractor under one law, but as an employee under another. The Commission on the Future of Worker-Management Relations (1996) recommended simplifying and standardizing the definition of an employee in employment, labor, and tax law to reduce confusion and stem the abuse of misclassification of workers as independent contractors. The Commission recommended that a standardized test be based on the more restrictive concept of economic realities.
I did not post the 20 factor test, due to different states labor laws factor into play also. This is very interesting on the fact if your state uses the federal guidelines. There is a complaint form that will open an audit on that company, even though you paid your taxes etc. The company can be fined, have to pay back taxes,etc.
ONE VOICE!!! WE NEED TO TAKE A STAND ON OUR RIGHTS AS INDEPENDENT CONTRACTORS.
Merry Christmas to all,