Dear J.T. & Dale: My employer recently changed the way we are paid. From what I understand, this now classifies me as an independent contractor, and I am responsible for paying all my own FICA and taxes. However, I am still paid the same way I always was. I don’t understand this. – Sam J.T.: In essence, your company is no longer claiming you as a direct employee and now views you simply as a company-of-one it is doing business with. This means you are no longer being paid an hourly wage, but instead, being paid by the project.
Dale: And if by being “still paid the same way†you mean you’re being paid the same amount, you just took a hit. Instead of splitting FICA (Federal Insurance Contributions Act) with your employer, you’ll pay SECA (Self-Employment Contributions Act) which is both halves – 15.3 percent versus 7.65 percent. And you’ll lose any employee benefits you used to have because now you’re just like the plumber they call in to fix a leak or the guy they hire to spray for bugs – just a business they hire.
J.T.: Being an independent contractor, or IC, does have some advantages. For example, the company no longer has the right to dictate how you get the job done (e.g., the hours you work). Nor are they allowed to put other demands on you that would be reflective of an employee-employer relationship. From this point forward, they should be giving you a project to work on, and your responsibility is to deliver it on time to the specifications they outlined.
Dale: Because it’s easier to dump you as a contractor than it is to fire an employee, if you don’t do just what they want, when they want it, you’ll be replaced.
J.T.: Taking all that into account, you should be compensated at a higher rate. In my experience, companies should be careful when turning employees over to ICs. There are compliance laws that must be met, and if they don’t meet them, the employees can sue to collect benefits, and the company can be fined penalties. It’s worth taking the time to put “contractor versus employee†into a Google search engine and doing some reading. Then meet with your company’s human-resources department and ask for clarification.
September 10th, 2007 at 4:44 pm
J.T. and Dale,
There is one very important item you did not mention when becoming an independent contractor–errors and omissions insurance or other liability insurance. I ran into this when my 20 year successful career for a major engineering firm in the nuclear industry suddenly came to a halt and the company dropped thousands worldwide and later declared bankruptcy. A few years later another AE offered me a job at the same rates (about 70,000 per year) but as a “company of one” with a contract. I found that to work as a QA Engineer in this industry it was questionable if I could even get insurance and I was quoted some heavy rates that erroded any possible profit so I declined. The contract made the individual responsible for any financial issues arising out of their employment and only one other individual besides me declined the offer out of 600 individuals per HR. HR assured me they never made anyone do more than just pay back their salary if they cost the company money. It appears everybody else just signed the contract and hoped for the best! So…if you are in a position where your actions could result in a public or personal safety issue then you need to discuss your liability with a lawyer first! Thought you might want to hear this. Thanks for a great column!
Less can be more.
September 10th, 2007 at 4:54 pm
Thanks Gil for contributing, your post is the kind we are most grateful for!
We are limited in the space we can use for the column each week, that’s why we created a blog on-line. Dale and I feel lucky to have so many savvy readers who can provide great career insights. Now we have a way for them to share their valuable advice with everyone else.
Your comment on insurances is very important - thanks for pointing it out.
Cheers!
JT
July 27th, 2014 at 11:00 am
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