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Old 02-01-2010, 09:36 PM
JLL25 JLL25 is offline
LawnSite Member
Join Date: Dec 2005
Location: Illinois
Posts: 200
Originally Posted by nobagger View Post
Some of you guys really need to read up on labor laws. You cant have a guy run YOUR EQUIPMENT and still consider him a sub contractor, he is now an employee. There are certain laws to hiring, paying and keeping an EMPLOYEE. In a nutshell sub contracting means, he uses his/hers own equipment, and there is a ton more things that defines a sub vs. an actual employee. READ UP! Your taking a big risk.

I got this kind of response before when I suggested to someone to pay their guys like a subcontractor. I have found no laws stating that a subcontractor has to have their own equipment in my state. In fact the law spells it out for me that what makes them a sub is that they are supposed to give me an estimate for a certain amount of work and then whether or not they complete the work in the estimated time frame they still get payed per their estimate price. Kind of like a salaried employee, but I must have a proof of their insurance. Thats it. I guess not all states are the same in this aspect.
Thats how the law reads, thats what my lawyer told me, and my insurance agent (who is also my subs agent) said this is common and legal.
Perhaps you should create a "rental agreement" for your equipment and hire "subs"...

Bonuses are a great motivator, but you have to stick with the agreement. Sure none of us like to fork over chunks of money to someone for just doing a good job...I mean its not like we get to take money from them when things go wrong on a job. Paying by the job on everything is just stupid...
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