If I subcontract labor can I perform the same type of job as the contracted labor?

I need to hire contract labor to take up overflow that I cannot get to. In doing so I was told, under federal law, I cannot perform the same task anymore. True?

1 answer  |  asked Mar 8, 2010 1:07 PM [EST]  |  applies to California

Answers (1)

Ryan Nalley
A subcontractor is basically not an employee at all, and it is correct that you cannot hire someone to do the same work as your employees, but just call him a subcontractor for financial gain.

I f you have a special job that needs to be done, you may very well hire an a specialist who is free from your control, works basically his own hours, and gets paid per the job he does. The subcontractor has his own business, he does not work for you, and that is taken very literally. If he technically is not under your control, but the majority of his income comes from you, and he has know business of his own, he is likely, an employer.

However, if you are asking whether you, yourself can can be hired as a subcontractor, the answer is of course. My advice as to the first step of convincing employers you cannot be an employee is to establish your own business, and you set/negotiate the price of the of the temporary job that is to be done, and allow as little interference and direction without being rude.

Hopefully someone else will come along and give you better advice.

Sincerely,

Ryan Nalley

posted by Ryan Nalley  |  Mar 9, 2010 12:10 AM [EST]

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