Flash Wrote:
-------------------------------------------------------
> CRI is indeed a company to cut your teeth on and
> most shoppers do not use an EIN but an SSN. In my
> area there are a heck of a lot more issues with
> trying to do a business with an EIN than with an
> SSN and when one company insisted we must get one,
> I stopped shopping them.
>
> This is not the first time you have expressed
> concern whether this is an 'employer' or an 'IC'
> situation. Perhaps mystery shopping is just not
> for you. These companies do operate at the
> margins of IC status but have no obligation at all
> to change the conditions of their registration
> requirements or their shop windows or their shop
> requirements or their pay cycles or any of the
> other "niceties" you would expect from an
> employer. If you take the attitude they are
> stepping all over your rights, you will not last
> long in the business. And remember that as an IC
> if they do not pay you, you do not have the
> protections of an employee under labor laws but
> must go through legal channels to collect your
> payment.
I inquired about IC because I was an IC with a business with negotiating power so I know the difference between (true) IC, and borderline IC/employee. Someone can be a one-person office for an offsite or long-distance employer, or work remotely for an employer, and have a lot of leeway/leniency with duties (i.e. working with little to no supervision as long as the work gets done timely and properly) and still be an employee.
Today, many employers seem to be skirting their responsibilities by (mis?)classifying employees as ICs to reduce employee overhead and liability yet maintain all the rights of an employer. That's seems to be what I'm noticing.
Is no one else seeing this? An IC has the right to set his/her rates or has the ability to negotiate not just accept the rate set by one party (MSC). I read some posts about poor MS pay rates (less than Federal min wage after a shop is completed) yet the IC/MS don't have negotiating power (akin to asking an employer for a raise). I understand about accepting/not accepting a shop and shopping when/where I want to. The terms and conditions of a shop "contract" and work sites are set by the MSC not the IC/MS.
Yes, small claims court to recover payments which would cost more than what is being paid for an average shop.
Seems like a fine line is all. Since I'm new to this industry, I'm doing my homework because I don't know what I don't know about shopping.
Thank you.