November 2012, I wrote the first in a series of articles on shifting the employee paradigms. These articles discussed the freelance or consultant versus the employee in the structure of the organizational design. Multiple times, the right to control has been addressed as part of the “rights” granted by the Internal Revenue Service to Employers, so the employers will continue to play the Federal Government’s game of control and heavy-handed authoritarian thuggishness. These topics and more continue to surface on this blog in an attempt to help the employee understand the problem and issues, the loss of freedoms and rights, in becoming an employee.
Today, Joey, the blundering president, has published the 400+ page OSHA abomination that forces you to lose the rest of your privacy to your employer—ending HIPAA, foreclosing your rights to your liberty not to vaccinate, and shaming you into wearing a mask and discriminating if you do not. While the OSHA regulation is unconstitutional and a clear governmental overreach, Congress remains silent in its scrutiny of the executive branch of the government. Worse, the citizens of America think that the judicial branch can be trusted to “save them” from the executive branch of government, which is always a BAD IDEA!
OSHA and Joey have declared that employers with over 100 employees have to comply. After this is accepted, then employers over 50-employees, then 10- employees, and so forth will be targeted until nobody who employees anyone can escape. This is how the government works, and this is why we need a different structure to operate under.
Employers, employees, I have a better idea than trusting the government to act responsibly. It is past time to revisit the structure wars and redesign the employee/employer relationship in America. What is the answer; knowledge vending instead of the employer/employee relationship. Please, allow me a moment of your precious time to explain.
The idea is simple. You have employees who know your business cold, know your customers, understand your processes, procedures, workflows, products, and services. How many of your employees would love to brand themselves to your organization as knowledge vendors? Ask them! Then offer them the choice to become independent contractors using the IRS publications as a guide. The knowledge vendor provides their tools, you provide them access, and they brand themselves and contract to serve your organization, with autonomy to work for you on their terms and schedule.
Please note, this is critical; the IRS continues to change the rules on an almost fluid and whimsical basis. The link takes you to the designation between an employee and a contractor. Lawyers will need to help design the necessary contracts to control the relationship. Some assistance will be required to help those transitioning to ensure they are not killed financially in the tax tsunami the IRS likes to launch. However, taking this step forces the Federal Government hand over OSHA and allows you and your now independent contractor workforce to return to business instead of compliance. Everyone retains their liberty, plus your privacy and medical records remain your business, not your employer’s or the Federal Governments’.
It cannot be stressed enough; the IRS should never have been placed in control over the employee/employer relationship controls. Worse, these controls should never have been assumed by the government in the first place. Since the Federal Government has assumed these powers, everyone needs to understand the fundamental categories that differentiate an employee from a knowledge vendor/contractor.
These topics are covered in-depth on the links, and I have covered them in various articles previously. Until Congress removes these rights from the IRS, the contracts covering those knowledge vendors must spell out succinctly these controls to avoid the IRS meddling and penalizing the vendor and the employer maliciously. More to the point, the IRS has, in the past, gone backward and retroactively changed its rules to penalize employers and vendors through “clarifying,” which the courts upheld.
Risky path to take; potentially! However, all life is risk, and I cannot think of anything more perilous than capitulating to Joey and his merry band of authoritarian thugs! Plus, America needs to join the rest of the industrialized nations in offering choices to the employer/employee relationship. Tax laws, generally, and the IRS specifically, are choking the lifeblood out of American ingenuity and increasing the cost of compliance year-over-year. We need real solutions to these problems and freeing the American worker is the best solution.
© Copyright 2021 – M. Dave Salisbury
The author holds no claims for the art used herein, the pictures were obtained in the public domain, and the intellectual property belongs to those who created the images. Quoted materials remain the property of the original author.