

Ask HN: Independent contractor software engineers - throwawayer

The recent Uber court ruling got me thinking, what constitutes <i>independent contractor</i> in the software world? What is your experience in being classified this way, or hiring people this way?<p>Let&#x27;s assume all replies are for entertainment, not for advice, and discuss the law without everyone saying to talk to your lawyer.
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davismwfl
When I was freelancing before I owned my consultancy, my basic rules to keep
it clear:

1\. I set my hours.

2\. I don't work on-site but may on occasion for deployments or times where it
would be of benefit.

3\. I use my own equipment (computer etc).

4\. I pushed hard to have work carved out and I self managed my schedule and
deliverables. So I didn't "report" to their PM/dev lead for direction, but
only to help coordinate work and make sure we were on track and aware of any
changes that might affect either side etc.

I never had any issues doing it this way, but I had a few employers that
refused to work with me because of it. They said I had to use their equipment
and be integrated to their team. Which at that point I knew I wouldn't be
independent, so I refused for personal reasons, mostly because I wanted to
control my schedule. But it also benefited me since it could have "defined" me
as an employee and then I would have been way overpaying taxes.

From what I understand it is fairly low risk for the "contractor", even if
they get reclassified other than overpaying taxes. From what I understand it
is more an issue for the employer, any information to the contrary?

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canterburry
Here is the Microsoft case which was a corner stone to the contractor vs
employee debate:

[http://corporate.findlaw.com/human-resources/employee-or-
ind...](http://corporate.findlaw.com/human-resources/employee-or-independent-
contractor-the-implications-of-microsoft.html)

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greenyoda
If you're in the U.S., here's some information from the Department of Labor
about employee vs. contractor classification (PDF):

[http://www.dol.gov/whd/regs/compliance/whdfs13.pdf](http://www.dol.gov/whd/regs/compliance/whdfs13.pdf)

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fstutzman
This. In the U.S. there is a bright line test. That said, many, it is common
to see startups and early stage companies skirt these regulations.

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lgieron
Judging by what I see in London, I'd say in most cases it's mostly law/tax
evasion scheme that's beneficial for both sides.

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andersthue
In Denmark you are protected/seen as an employee after 12 months of
freelancing if you mainly work for one company.

