Hello everyone

[BebopRebop]

Hi, i'm new to the forums, but not new to leftist ideas. I'm not really sure what ideology I'd label myself as, but I probably agree most with anarcho-syndicalism.

Honestly, I'm here because I need some advice. I work for a non-profit that will remain nameless (with the limited number of people I work with, it could potentially give me away), but I will say it works in agriculture. My immediate boss and fellow workers are considered "contractors," which means we receive no benefits, plus we have to pay our employer's share of taxes, which hurts bad around tax time.

I live in the US, so that means I have to sign up for Obamacare (my employer won't give me health insurance), and I pay roughly $250/month (which is a brutal hit). We were told we won't get health insurance until profits are high enough (funny for a non-profit). I could get a $25 subsidy for my insurance, but chose not to accept it because I don't know how much I'll make in a year (I don't get sick leave or paid time off) and $25 isnt that much. My boss has it worse, he is in a "salary" contract so he gets paid the same even if he works 60 hrs/wk, which is common for him (he often has to work weekends) plus no benefits.

Here's the kicker, our contracts all came up at the same time. A union would be great right about now, but I don't see that happening with them at the moment.

I need advice. I feel like if we all got together and had a meeting with our boss (my boss's boss) and discussed our contract together we could push him into giving us a better deal. But he delays and wants to talk about it individually. I get the "I'm working on it" line constantly. Furthermore, some of the people I work with are going to be offered an AmeriCorps position instead, which is below poverty line.

Anyway, capitalism is a *****, even if you work in the nonprofit sector. Any advice on how to deal with this situation in a part of the country where collective bargaining is a dirty word?

Just to be clear, I've already gotten the other people to demand benefits, and I doubt they trust our manager. But anything too radical is a stretch right now.

Thanks in advance for any help.

[willowtooth]

Welcome

The contracts your describing are used to abuse labor laws all the time. And employers are using them more and more often. Jobs that used to be salaried with full benefits. Now are independent contractors, and are essentially classified as small business owners. You might want to look more into lawsuits rather than unionizing. Without more info about what you do other than "non-profit in agriculture" it's hard too say but it mostly comes down too whether or not your employers are dictating how you do your work, not just the end result like a customer. So can you take a day off? Can you work other contracts? Is your work an integral permanent part of your employers business? These questions would determine if you have grounds for a lawsuit, which you might.

[Alan OldStudent]

You're probably misclassified. Here is a link to a document from the tax authorities in the USA (IRS) describing the situation.

1. Do you receive tax statements from your "boss"? They are supposed to file what they pay independent contractors and send the ICs a copy.
2. Do you bill the business you supposedly have a contract with?
3. Do they dictate how you are supposed to do your job?
4. Do they make you work regular schedule or hours?
5. Do they make you use their equipment?
6. Do they care if you do similar work for other entities?

These are the sorts of questions the IRS is interested in. They really want to bust employers who abuse this law because it is easier for them to collect taxes. You can consider reporting them to the IRS. If they determine you're an employee, they can make the employer pay their half of the employment tax.

When I was an independent contractor, I had to pay taxes 4 times a year. I put 25% of every dollar I received into a savings account dedicated to paying taxes.

You might consider talking to a tax expert to help you set this up if you indeed are an independent contractor.

Regards,
AOS

[BebopRebop]

Thanks, I'll check out that link. Anyway, from first glance it does seem like I'm probably misclassified. I was actually thinking maybe we were, since I watched some video on YouTube where a farmer was asked if he used contractors. He said no, that he hires them as employees, because as contractors he can only give them projects and not specific orders, along with other issues. We're basically in that same situation, so I can't imagine it being much different, although laws might be different between states.

It's especially frustrating, because when I was being interviewed I was told I would be on contract for 6 months than be hired on as a full time employee. They explained the contract was used as a "probationary period." Well when our contracts came up, there was no word of hiring any of us.

[willowtooth]

Thanks, I'll check out that link. Anyway, from first glance it does seem like I'm probably misclassified. I was actually thinking maybe we were, since I watched some video on YouTube where a farmer was asked if he used contractors. He said no, that he hires them as employees, because as contractors he can only give them projects and not specific orders, along with other issues. We're basically in that same situation, so I can't imagine it being much different, although laws might be different between states.

It's especially frustrating, because when I was being interviewed I was told I would be on contract for 6 months than be hired on as a full time employee. They explained the contract was used as a "probationary period." Well when our contracts came up, there was no word of hiring any of us.

no that's sounds like bullshit, they'll make you a "temporary worker on probation" for 20 years if they can avoid some labor laws, taxes, and pay you less than minimum wage.

[IbelieveInanarchy]

Welcome to the forum! And much strength in your struggle!