Sporting News/AOL Fanhouse

Yes, and the above is why I think true, pay-per-piece freelancing is going to become much more common in the future. At least so long as the supply of writers and journalists vastly outstrips market demand.

 

This is depressing news. I've done some occasional freelance work for Moddy and Fanhouse and it had become by far my favorite site to read and write for. I really hope they don't shake things up too much, for selfish reasons and for the good people that work there.

 

The articles say they're keeping less than 10 percent of the staff. I'd say that's a pretty significant shake-up.

 

I was just on a conference call this week, not in this industry, where that was the #1 topic of conversation. If they have been clocking regular 40-hour weeks, that could be a problem.

 

Lots of companies use temporary agencies to play non-employees. You can work 40 hours a week, work side-by-side with the regulars and not be an employee.

 

I wonder if they'll even have to pay them severance.

 

IRS uses 20 Questions to determine independant contractor status:

The following are a list of 20 questions the IRS uses to determine if a worker is an independent contractor or employee. The answer of yes to any one of the questions (except #16) may mean the worker is an employee.

1. Is the worker required to comply with instructions about when, where and how the work is done?

2. Is the worker provided training that would enable him/her to perform a job in a particular method or manner?

3. Are the services provided by the worker an integral part of the business' operations?

4. Must the services be rendered personally?

5. Does the business hire, supervise, or pay assistants to help the worker on the job?

6. Is there a continuing relationship between the worker and the person for whom the services are performed?

7. Does the recipient of the services set the work schedule?

8. Is the worker required to devote his/her full time to the person he/she performs services for?

9. Is the work performed at the place of business of the company or at specific places set by the company?

10. Does the recipient of the services direct the sequence in which the work must be done?

11. Are regular oral or written reports required to be submitted by the worker?

12. Is the method of payment hourly, weekly, monthly (as opposed to commission or by the job?)

13. Are business and/or traveling expenses reimbursed?

14. Does the company furnish tools and materials used by the worker?

15. Has the worker failed to invest in equipment or facilities used to provide the services?

16. Does the arrangement put the person in a position or realizing either a profit or loss on the work?

17. Does the worker perform services exclusively for the company rather than working for a number of companies at the same time?

18. Does the worker in fact make his/her services regularly available to the general public?

19. Is the worker subject to dismissal for reasons other than non-performance of the contract specifications?

20. Can the worker terminate his/her relationship without incurring a liability for failure to complete the job?

Right out of gate question # 1 is most likely yes .

If found in non compliance company has to make up Tax, FICA and FUTA with penalties and interest. States also would get involved.

Someone at AOL likely made this worst case calculation and determine it was worth the risk.

 

Great guy and good friend.

 

CC Johnson Spink is spinning in his grave.

 

Best of luck to Moddy and everybody else there.

 

So us Fanhose any different than CoachesAid, which hired a bunch of people based on lies then screwed them a year or so later?

 

I recall that the Baltimore Sun was involved in a lawsuit involving this question about 15 yrs back ... I think a stringer they used had gotten injured (or some such thing) while on a gig, and attempted to get workman's comp on the grounds that he/she was actually an employee ... I think the Sun won the case ... maybe someone has better recollection ...

more to the main point, my thoughts and prayers go out to you, Moddy, and all the others affected ...