Becasue it is tax time, I did some research as to the state of the IC, in the eyes of the IRS and my home state. What I found out, especially about the ABC test (see below) was interesting.
Please check this link out: [
www.thebalancesmb.com]
Especially interesting is the ABC test, now used by 33 states in the U.S. Here is an excerpt from this article regarding this test:
State Laws and Regulations for Independent Contractors
Workers can be considered employees under state law even if they are not considered employees under federal law, and several states have more strict definitions for ICs.
Some states, including Florida, Iowa, and Michigan use the IRS common law test (or a variation) described above.
Other states, including California, New Jersey, and Virginia, use a more restrictive worker classification test called an ABC test.
The ABC test considers a worker to be an employee unless all of the three criteria are satisfied:
A: The worker is free from control and direction of the hiring entity
B: The worker performs work outside the entity’s usual course of business
C: The worker is customarily engaged in an independent trade, occupation, or business of the same nature as the work performed for the hiring entity9
As of October 2019, 33 states had implemented the ABC test or a slight variation of it. Check with your state’s labor department for information on its test for classifying workers.10
THE MOST STRIKING PART OF THIS EXCERPT IS A., WHICH SAYS:
"The worker is free from control and direction of the hiring entity."
I AM PRETTY SURE WE ALL FEEL WE ARE THE EXACT OPPOSITE OF THIS DESCRIPTION IN OUR RELATIONSHIPS WITH MSC'S, ESPECIALLY CONSIDERING HOW OFTEN WE ARE INSTRUCTED AS TO:
1) EXACTLY HOW TO DO OUR INTERACTIONS AND PURCHASES
AND
2)WHAT WILL RESULT IN NON-PAYMENT AND NON-REIMBURSEMENT
Opinions, comments? Will the Biden administration's Department of Labor fundamentally change how we are treated, paid, and re-imbursed?