RE: Tech Writer Lawsuit?

["Combs, Richard" <richard -dot- combs -at- Polycom -dot- com>]

Darcy Rumbold wrote:
 
> The NACCB is an organization of recruiters - so it's not individuals
who
> work 1099, but it's consulting shops. Their bread and butter is
sending

Gene said it was "consulting businesses." Consulting businesses/shops
aren't recruiters -- that's a completely different business. 

Many consulting businesses are very small -- 1-4 owner/employees,
organized as a sole proprietorship, partnership, or S-corporation. In
these cases, wage-hour laws don't apply. At least they don't here in
Colorado. 

> consultants to clients and charging an overhead fee. The consultants
are
> usually 1099, therefore hourly and would have to be paid overtime at
time
> and a half. That was the whole problem behind AB60 - that it only
allowed
> for salaried workers to be exempt - not hourly workers.

If the consultants aren't owners of the company, but ordinary employees
(W-2), then I suppose they'd have to be paid overtime. But not if
they're 1099.


1099 workers are independent contractors, not employees. The consulting
company is acting as their _agent_, not their employer. Here in
Colorado, neither the agent of an independent contractor nor the client
has to pay time and a half (I suppose it could happen if the client and
agent both agreed to those contract terms, but I imagine that would be
very, very rare). 

California's different (a.k.a. weird), but I can't imagine the W-2 vs.
1099 distinction isn't the same there as here. 

Richard


Richard G. Combs
Senior Technical Writer
Polycom, Inc.
richardDOTcombs AT polycomDOTcom
303-223-5111
------
rgcombs AT gmailDOTcom
303-777-0436
------






^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

Create HTML or Microsoft Word content and convert to Help file formats or 
printed documentation. Features include support for Windows Vista & 2007 
Microsoft Office, team authoring, plus more.
http://www.DocToHelp.com/TechwrlList

True single source, conditional content, PDF export, modular help.
Help & Manual is the most powerful authoring tool for technical
documentation. Boost your productivity! http://www.helpandmanual.com

---
You are currently subscribed to TECHWR-L as archive -at- web -dot- techwr-l -dot- com -dot- 

To unsubscribe send a blank email to 
techwr-l-unsubscribe -at- lists -dot- techwr-l -dot- com
or visit http://lists.techwr-l.com/mailman/options/techwr-l/archive%40web.techwr-l.com


To subscribe, send a blank email to techwr-l-join -at- lists -dot- techwr-l -dot- com

Send administrative questions to admin -at- techwr-l -dot- com -dot-  Visit
http://www.techwr-l.com/ for more resources and info.