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Intentional Payroll Misclassification CFI's

Old 07-21-2012, 09:46 AM
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Default Intentional Payroll Misclassification CFI's

I think it's become painfully obvious as a part of the destruction of the middle-class in the USA that almost every flight school these days is in direct violation of IRS law when issuing 1099's to CFI employees that are supposed to be W-2.

Every CFI is living by the schedule put together by the school, using the schools equipment provided by the company and being told how to dress. That's an EMPLOYEE, not a contractor.

Well, the IRS is now cracking down on blood-sucking flight schools that make lives, already hard, even harder on CFI's.

If you're a flight school owner, it's time to play it by the book and stop screwing over your employees. You aught to be ashamed of yourselves! The pendilum is starting to swing back to the favor or labor!

IRS and DOL Worker Misclassification Enforcement Steps Up
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Old 07-21-2012, 10:16 AM
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To anonymously report intentional payroll misclassification at the flight school you work at, follow this link.

Government Contacts No Misclassification!
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Old 07-21-2012, 11:57 AM
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So when I worked for a company who put together a flight schedule, furnished the planes that I flew, provided travel and billeting and per diem while on the job, and expected me to wear certain clothes while on the job - I should have also been an EMPLOYEE and not a contractor?

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Old 07-21-2012, 12:03 PM
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Originally Posted by USMCFLYR View Post
So when I worked for a company who put together a flight schedule, furnished the planes that I flew, provided travel and billeting and per diem while on the job, and expected me to wear certain clothes while on the job - I should have also been an EMPLOYEE and not a contractor?

USMCFLYR
What's your question? Well, if you're referring to many of the Part 135, light charter ops, that are doing the same thing. Yes, you are an employee. I know light charter ops love to mis-classify their pilots as contractors as well. I should really make the same post in the Part 135 forums.

Here's more IRS info. More specifically, go to page 7.

http://www.irs.gov/pub/irs-pdf/p15a.pdf

You are an employee when told:

When and where to do the work.
What tools or equipment to use.
What workers to hire or to assist with the work.
Where to purchase supplies and services.
What work must be performed by a specified individual.
What order or sequence to follow.

Last edited by SuperConductor; 07-21-2012 at 12:30 PM.
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Old 07-22-2012, 04:32 AM
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Super, you got someone you want to burn that's fine, but anyone with a decent working relationship with who they work for might want to take the high road and bring this issue directly to their employer as a concern, not as a threat.
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Old 07-22-2012, 05:33 AM
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Originally Posted by SuperConductor View Post
What's your question? Well, if you're referring to many of the Part 135, light charter ops, that are doing the same thing. Yes, you are an employee. I know light charter ops love to mis-classify their pilots as contractors as well. I should really make the same post in the Part 135 forums.

Here's more IRS info. More specifically, go to page 7.

http://www.irs.gov/pub/irs-pdf/p15a.pdf

You are an employee when told:

When and where to do the work.
What tools or equipment to use.
What workers to hire or to assist with the work.
Where to purchase supplies and services.
What work must be performed by a specified individual.
What order or sequence to follow.
My question was simply putting out there some of the details of one particular job I had as a contractor and was wondering if you were saying that I met the conditions for being an employee that you listed.

Even using your new list raises more question:
When and where to do the work.
- Of course. They write my schedule based on a mission required.
What tools or equipment to use.
- If by which plane(s) to fly they have chosen which tools - yes.
What workers to hire or to assist with the work.
- Do maintenance personnel "assist" with the work - yes.
Where to purchase supplies and services.
- Not sure if this one was pertinent to my particular job.
What work must be performed by a specified individual.
- I was assigned to fly a particular flight and had duties associated with such a position.
What order or sequence to follow.
- The client would ask for certain things in a certain order - so yes there was a sequence or order.

This particular job I had operated with a small contingent of core employees supplemented with a group of 7 or 14 day contracted employees.

It would seem that there would not be such a thing as a contracted pilot job using the definitions above. Is this your contention.

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Old 07-22-2012, 06:24 PM
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Originally Posted by USMCFLYR View Post

It would seem that there would not be such a thing as a contracted pilot job using the definitions above. Is this your contention.

USMCFLYR
Yeah. Unless you own your own plane, dress however you like, work whenever your client(s) tell you they need you, use whomever you want to for maint. etc., you certainly were not a "contractor". You were a W-2 employee.

This is my contention.
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Old 07-23-2012, 05:16 AM
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I believe they are try to avoid paying workmen's compensation premiums. Flying is one of the riskiest professions and perhaps carry a high premium.
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Old 07-23-2012, 06:25 AM
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Originally Posted by Ewfflyer View Post
Super, you got someone you want to burn that's fine, but anyone with a decent working relationship with who they work for might want to take the high road and bring this issue directly to their employer as a concern, not as a threat.
That's nice, but the whole reason we have the internetz is to spread the word, so other people will know. Too many businesses get away with this kind of thing, and the employees are kept in a vacuum.
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Old 07-23-2012, 08:03 PM
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Originally Posted by BizPilot View Post
I believe they are try to avoid paying workmen's compensation premiums. Flying is one of the riskiest professions and perhaps carry a high premium.
Not only avoiding paying Worker's Comp, but Unemployment Taxes. What's more, they are essentially creating an employee/employer relationship where there is none, zero, negative ramification involved in firing you on the spot for the most ridiculous of whims. Normally their unemployment payments would go up drastically if most employers fired correctly classified employees as often as they do misclassified "contractors". It's a complete rape of the middle-class and they friggen know it. Thus, the government is finally doing something about it. Report away people. I think it's a part of your responsibility as an abused pilot. I've already been making phone calls to the offices in the links on the page provided.
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