giant isopods be vibing

1.5M ratings
277k ratings

See, that’s what the app is perfect for.

Sounds perfect Wahhhh, I don’t wanna
neil-gaiman
trekwiz

Ok, but if you’re an independent contractor in the US and this happens? Find a lawyer, because you might have just gotten a huge payday.

Your position was just referred to as employment. Independent contractors do not have employers; they do not have employment. Congrats, your contact at this company just provided evidence that you were illegally missclassified.

This contact is claiming that you have set hours you’re obligated to fulfill. Unless a work task can only be done at a set time for practical reasons (i.e. you’re an audio freelancer paid to support a live event that occurs at a particular time and requires a certain amount of pre-show setup), a company cannot set an independent contractor’s work hours. This is further evidence that you were missclassified.

The whole exchange establishes that the company is interpreting an employer-employee relationship rather than expecting a service. Discipline and potential for firing (you cannot fire an independent contractor; no longer purchasing their service is not equivalent) establish that this person views themselves as a manager. Independent contractors cannot have managers.

This one text exchange could:

  • Get you back pay for the full duration you’ve worked there, to bring you up to the compensation that an employee would have gotten
  • Get you back compensation for lost benefits that an employee would have gotten
  • Get you back pay for the additional self-employment taxes the company should have covered
  • Get the company to pay back taxes to the government
  • Get the company to hire everyone who performed a similar role, or face further penalties and fines
  • A win would encourage the rest of their missclassified workers to sue for the same, or give them leverage to demand a better deal

If the company is going to screw you over like that, may as well make them pay for it.

trekwiz

Since this is getting a lot of reblogs, here’s a federal source that can help you determine if you’re illegally classified as a contractor:

Misclassification of Employees as Independent Contractors | U.S. Department of Labor
dol.gov

You can also file a form with the IRS to force the company to correct your classification (assuming you meet the criteria), without necessarily having to sue:

Independent Contractor (Self-Employed) or Employee? | Internal Revenue Service
Learn how to determine whether a person providing a service to you is an employee or an independent contractor.
irs.gov

Keep in mind that this is just federal. Most states also prohibit missclassification as an independent contractor; and even if states have more lenient rules, companies still have to comply with this federal law. The rules have largely been bipartisan and existed for decades, so they’re common.

States also have an interest in having regulations about missclassification: it’s a significant loss of tax revenue. Your self employment tax does not fully equal what a company would have paid for you in payroll taxes.

A lawyer can help point you in the right direction if a company is currently missclassifying you.

antique-scarecrow

Fantastic addition

Pinned Post law stuff labor signal boost
yeah-just-ignore-me-thanks
sainamoonshine

A note to all creatives:

Right now, you have to be a team player. You cannot complain about AI being used to fuck over your industry and then turn around and use it on somebody else’s industry.

No AI book covers. No making funny little videos using deepfakes to make an actor say stuff they never did. No AI translation of your book. No AI audiobooks. No AI generated moodboards or fancasts or any of that shit. No feeding someone else’s unfinished work into Chat GPT “because you just want to know how it ends*” (what the fuck is wrong with you?). No playing around with AI generated 3D assets you can’t ascertain the origin of. None of it. And stop using AI filters on your selfies or ESPECIALLY using AI on somebody else’s photo or artwork.

We are at a crossroad and at a time of historically shitty conditions for working artists across ALL creative fields, and we gotta stick together. And you know what? Not only is standing up for other artists against exploitation and theft the morally correct thing to do, it’s also the professionally smartest thing to do, too. Because the corporations will fuck you over too, and then they do it’s your peers that will hold you up. And we have a long memory.

Don’t make the mistake of thinking “your peers” are only the people in your own industry. Writers can’t succeed without artists, editors, translators, etc making their books a reality. Illustrators depend on writers and editors for work. Video creators co-exist with voice actors and animators and people who do 3D rendering etc. If you piss off everyone else but the ones who do the exact same job you do, congratulations! You’ve just sunk your career.

Always remember: the artists who succeed in this career path, the ones who get hired or are sought after for commissions or collaboration, they aren’t the super talented “fuck you I got mine” types. They’re the one who show up to do the work and are easy to get along with.

And they especially are not scabs.

*that’s not even how it ends that’s a statistically likely and creatively boring way for it to end. Why would you even want to read that.

anti ai art ai art is art theft anti ai