Gig workers and the law

So a “gig worker” is supposed to be an independent contractor, working pretty much at his own direction on his own hours. How about this one?

Here’s one that’s probably never crossed your mind: a dishwashing business. By that, I mean a business of a single person — unincorporated, no business address or capital behind him, just one guy — working as a dishwasher for a restaurant, using the restaurant’s machinery to wash the restaurant’s dishes on the restaurant’s premises.

Companies - far and wide - are contracting for what would normally be “employee work” by calling it “gig work”, allowing them to bypass minimum wage, insurance, and other regulations.

Gifted article:

More People Are Being Classified as Gig Workers. That’s Bad for Everyone.


Would that also include not paying FICA for the non-employee? So, after 40 years of this sort of work, the employee does not qualify for an SS pension? But it puts more money in the “JC’s” pocket, so it’s all good.





1 Like

Yes and no. The “not-employer” would not have to pay FICA taxes. But this “not-employee” would be responsible for paying self-employment taxes, which are basically both the employer and employee portion of FICA taxes. This generally comes as a huge shock when tax time rolls around, particularly when combined with having no income taxes withheld, either.

They’d still qualify for Social Security.

I’ll point out that this example situation (the dishwasher) would definitely not fly in some states, including my state of California, where pretty much every edge case is determined to be a true employee/employer relationship rather than an independent contractor. The employer would get hit with some substantial penalties.



Well, sure. Because, we are told by Fox Noise, Cali is full of COMMIES!!! that try to work a fair deal for everyone, unlike the “pro-growth” states whose only concern is the care and feeding of the “JCs”.


California backtracked on Uber Employment.