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Wage rate job question

TennesseePrevailing Wages

Ok I know I’m not un-fairly paid, I make a dam good living. The contractor I work for is sub onto jobs and he 1099 me as a sub to get larger projects done. we just had a wage rate job in Memphis pop, but he can’t figure if he as a sub contractor can sub me onto the job since I’m not his employee. I am not paid hourly and truly don’t want to be since I make way more doing work by the piece. How do I find this answer?

2 replies

Feb 11, 2020
Generally, it's not a great idea to intentionally manipulate status as an independent contractor or employee. That could leave the customer/employer in hot water if it's later determined that the sub/employee wasn't an independent contractor. But, if the relationship is truly that of a customer and an independent contractor, then there's little to worry about. Ultimately, this question is a bit outside of my wheelhouse. Though, if the customer's contract doesn't prohibit them from subbing out some of their work, and if there's not an issue with the classification as an employee vs. independent contractor, then I'm not sure why there'd be an issue with hiring a sub to perform a portion of that work. But again - I wouldn't quite consider myself an expert on this sort of situation. And, consulting with a local Tennessee construction attorney would help to clear things up. They'll be much more familiar with the relevant regulations, if any, and likely have experience in similar situations. And, navigating the test for whether a party is considered an independent contractor or employee can be a complex situation.
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Dec 24, 2021

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