Re: employment law, overtime

["Gene Kim-Eng" <techwr -at- genek -dot- com>]

This is the result of the widespread misuse of the term
"contractor."  Unless you are carrying your own 1099
or corp-to-corp contract, you are not a contractor.  If
you are working through an agency, the agency is the
contractor and you are a temporary employee of the
contractor.  If you are not working through an agency,
then you are a temporary employee of the company,
their use of the term "contractor" notwithstanding.
Federal law and most states apply some limit on how
long a temp may be employed without being provided
the same benefits as a regular employee.  The federal
line is rather fuzzy, but the state lines are usually
clearer.  Here in California that limit is one year, and
that seems to be the norm in many other states.  Check
yours to be sure.

Gene Kim-Eng


----- Original Message ----- 
From: "Claire Conant" <claireconant -at- comcast -dot- net>
> Actually, yes. This was settled in 2000. It was huge. As a result, if 
> you
> work as a contractor at Microsoft (not a vendor), then you can only 
> work
> there for a year. At the one year mark you have to have a break in
> employment of 100 days. This also prohibits moving from one area of 
> the
> corporation to another or onto a completely unrelated project within
> Microsoft.
>
> Why 100 days?  It was a random - what I call aerial extraction - 
> number. The
> purpose is the person has to sever all ties with the company and this
> separation does that. I had to go through the 100 days, and it made it 
> very
> complicated to get an interim job at the time. Three months would have 
> been
> easier. One month would have been perfect.
>
> If you are a vendor, however, there is no one year deal. You can 
> continue on
> there for years that way. Vendors would be someone through a 
> consulting firm
> or such that is placed there or doing ongoing work for one of their 
> groups.

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