Okay here we go. Technicans that work in the cable industry as either a 1099 or W2, you are being ripped off. The MSO's hires the contract company to help there bottom line, also it allows them to oversee wrong doings and not be implemented in any lawsuits. Okay so the MSO requires the Contract company to provide worker to cover shifts 7 days a week. A typical workday consist of the workers being available from 7am to 7pm. Okay the first system in place proved unfriendly to the MSO, all workers signed a general contractor's agreement, in this agreement the general contractor could perform work for any company, i.e. a contractor could work for a cable company and a dish company, also the contractor could perform any work which a customer requested, at an agreed upon price with said customer. So if the customer inquired about work that needed to be done that was not on the work order the contractor by agreement could perform the work, without the MSO getting any monies. This system was trashed, not enough control over the contractor. The new system comes in play, all general contractors must work for an approved Contractor Company, as an employee. Not good for the Contractor Company, now they will be required to pay overtime, provide benefits, pay federal taxes and employee programs, i.e. unemployment benefits, workers compensation etc. So the Contractor Company misclassify their workers as 1099 general contractor's but without a contract, in order to control their work and make the MSO happy. This went on for a long time, the federal and state governments, through numerous complaints and lawsuits have sent these companies a message. Heavy and stiff fines. Ok here is the new deal the playing field is the same they the Contractor Companies are changing the rules, acting like they are playing ball when they are really just sliming their way into more mistreatment of the worker. Okay pay close attention if you are being now classified as an employee, by federal law you must be paid time and a half for any work performed past 40hrs in any given work week. There is no exception to this rule, there is no formula that takes your production monies earned and converts it to an hourly wage, and overtime. If you work 40hrs and are paid $1.00 a point, after 40hrs each point acumalates at $1.50. This is the federal standard do not let the company you work for treat you any other way. Also if you are considered a W2 employee, and use you personal vehicle for work purposes you should be compensated at a rate of no less than .56.5 cents a mile. These Contracting companies have consultants and lawyers working with them with the hopes of holding out paying you what you have earned and deserve.
If you work as a cable technican and are geing classified as a 1099 general contractor and don't have a contract or an EIN # (federal government requirement for contractor, Employee Identification Number), you need to go on line to www.dol.gov and take the classification test to determine whether you are misclassified. Follow the directions and do accordingly. There is a great need for workers in this industry to ban together and take control of our destination. The abuses have gone on for much to long. If you are an employee and your employer is paying you using a price per point system, they are doing so because they want to maintain there cash flow. In the process they are denying you fair earning for the work you are providing. Dont be fooled if these guys, the Contractor Company thought we were intelligent enough to understand they would not treat us like this.
What are our options. Our voice, we must speak out against the injustice, we must be willing to call them on any wrong doings and we must not be afraid of retaliation. The more noise we make the more law firms will hear and want part of the pie, coming to our aide, Lawyers love the smell of blood. Believe me this industry, the Contractor Companies are bleeding and desperate to hold out on doing the right thing. We must convince them we are serious, we must contact, our state representative, our federal representative, we must demand the they look into this situation. Guys we have a change to correct many wrongs here, we owe it to ourselves, our families, our loved ones, the new people coming to the industry and most important we owe to rightinig a wrong, that has made fat cats out of the owners. Let us get this right.
Stand up, speak out and be acknowleged. We can right this wrong!