I would like to add that the jury is still out on if it would be such a bad thing for MSers to be considered employees.
If you have researched this and come to a decision that it would be bad, then please by all means, feel free to take part in this program and do your part to help ensure your status.
I would like to bring up a few points that bother me about this, however. Here are the reasons that Jobslinger lists to maintain an IC status:
1. Your mystery shopping income would be subject to immediate state and federal withholding.
2. The increased fees for running a mystery shopping company with shoppers as employees would result in lower shop fees.
3. You might not be able to work for more than one or two mystery shopping companies.
4. You might get no work at all.
5. Your unemployment benefits would likely be negligible.
For anyone who has not read my previous rants, understand that I have been an employee mystery shopper in both CA and NV, so I have some insight on both sides of this argument. Here's my take on this:
1. We should all be paying taxes on our income anyway, so having it taken out at the start may save you IRS headaches down the line. The amount removed for these low paying jobs is relatively negligible as well.
2. BS! As employees, we would be subject to minimum wage requirements and many shop fees may actually go up. There may be fewer overall shops, but they will most likely pay better. The concept that enforcing the employee relationship will end MSing is bunk. It will exist in one form or another with or without IC status.
3. I have NEVER been turned down for work with an MSC because I am an employee shopper of another MSC. If anything, it gives me status as a trained professional and makes me more desirable to them. As it is, we have access to sensitive information from hundreds of companies. How would that change?
4. It's my understanding that anyone who gets a work card is welcome to apply as a shopper in Nevada. Just as it is with IC's, the better shoppers will get the jobs. What would change? Every company I work for in CA that has outlets in NV also employs shoppers there.
5. I've never heard that UI benefits would be an incentive for bringing employee shopper programs about, but anything is better than nothing. We are a group that works for $1 at times, so the argument that benefits may be negligible is somewhat moot.
I can think of some reasons why being an employee may be a bad thing, but let me mention some benefits to start with. as an employee:
- You could be subject to receiving travel pay for jobs that require extensive traveling. Some amount of travel would be considered a commute, but extensive trips could end up being more profitable.
- There would be a minimum wage for the time you spend on shops...Both for the shopping and reporting time. Forms that take a long time to fill out would pay better. MSC's would also have incentive to make the forms simple.
- You would have protection from having shops rejected. A recent experience I had with a high-end shop make me think seriously about this. What if you have a $2,000 resort stay and something goes wrong? How many jobs do you have to take to make up for loosing $2000 on a job?
- While Nevada may have fewer shoppers overall, the ones that work there get paid much better than all others, and have a lot more available work.
- Imagine being able to call in sick when you are sick and not be penalized? As an employee, that's a right you have.
- Your check will be legally due by a particular date and will most likely NEVER be 'lost in the mail' or delayed.
Some things I do not like about being an employee shopper:
- Since reimbursement is a big incentive for IC's, there is generally less reimbursement offered.
- Filling out time cards each weeks is a bit of a pain.
- Drug testing would most likely be mandatory.
- You could be prohibited from talking about your job on public message boards.
- MSC's would have the right to require you to take jobs. However; like all employers, having a good relationship with your employer and performing well at work will get you the ability to maintain a flexible schedule. I have never been required to take a job at the threat of losing my job if I didn't perform. I HAVE been asked under duress, as an IC, to take a shop in order to receive a more lucrative assignment in the future.
I invite discussion of the pros & cons of employee based shopping for everyone here, as I'm sure I just scratched the surface....