California Surveyors Forums

I think I would be hard pressed to find another group who aspires to be called professional and yet spends so much time trying to find ways to interpret laws to avoid acting professionally. I'd call this "tradesman mentality", but that would be insulting to tradesmen.

We bemoan the fact that clients won't pay us for what our services are worth and then strive to find ways to devalue our own services!

The bottom line is that failing to treat and pay our employees as employees is merely an attempt to cut our costs and our rates to create an un-level playing field.

While I understand the rationale behind cutting overhead costs in the current economy, I really don't understand skirting the laws to do so.

In my opinion, this practice is perpetrated by those who think so little of their value and the value they add to client's projects that they must justify their existence solely by cost. It reminds me of the hawkers in the bazar.

What a shame.

I think this discussion isn't limited to converting an employee to contractor status, a practice which tends to unfairly favor the employer.

Woodcutter wrote:Jim,

Actually the board has provided the '07 to present enforcement actions.

For a particularly disturbing conviction of unlicensed activity, look at the link I'm providing here.

Very interesting reading:

http://www.pels.ca.gov/public/lst7040_dec830.pdf

I found it hilarious, ironic, and professionally revealing to read this LSIT's response to the Board about his multiple criminal offenses of record:

"In the past 9 years I have stayed clean and our of trouble. I have since changed and turned my life around 360 degrees."

From a "surveyor" no less......

FYI

I know of two dental hygienists that work contract for a total of 5 dentists. Many nurses are contract employees too. By contract I mean 1099ers.

Ian Wilson wrote:Game, Set, Match to Jim.

Sorry, Tom. Better luck next time.

Well, I know of a guy that got away with it for years. actually told the board to get lost. Some years later they let him take the LS, I would not have let him, and he passed.

"I know of two dental hygienists that work contract for a total of 5 dentists. Many nurses are contract employees too. By contract I mean 1099ers."

There's no question that anyone can set themselves up as a 1099 consultant. Licensing issues aside -- and my guess is that all your hygienist and nurse acquaintances are duly licensed -- the tests used by the taxing authorities and workers comp insurers are designed to disclose an employment relationship that's masquerading as a consultancy. Things like independent control, appropriate insurance and more than one client are key areas of review.

I occasionally engage a geodetic consultant who has no professional license (none needed) and no business insurance. The first year I did this my Workers Comp carrier conducted an audit and subsequently claimed that he was an employee rather than a consultant. They also raised my premiums markedly. I challenged their conclusion, describing the details of the working relationship and backing it up with copies of the consultant's other contracts. My insurer accepted my claim of consultant status, and reversed the premium increase.

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