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> “Congratulations! Ajay thinks you’d be a great fit. The next step in the process is a tryout day. It will be a full day of work, like an extended interview, and unpaid. Could you come in tomorrow?”

This may be a violation of wage and hour laws.

> “Great! You’ll need to bring your own laptop and smart phone. Will that be a problem for you?”

Many states forbid companies from requiring that their employees bear the costs of business expenses. I wonder if employees at this company are being reimbursed.

> “Okay, our Customer Experience Associates normally begin work at 8 a.m. and wrap up the day around 8 p.m. They work five days per week, plus one rotating weekend shift. Is that okay?” She looked at me warily.

It would be interesting to know if the company is treating "Customer Experience Associates" as exempt or non-exempt employees. Customer service roles are almost always non-exempt, and non-exempt employees are entitled to overtime pay. Given that the author wrote she was offered a $35,000 salary and made no mention of overtime pay, it sounds like there might be a misclassification issue here. These misclassifications can be very, very costly (unpaid overtime plus interest, numerous statutory penalties, attorney's fees, etc.) so they're incredibly attractive to plaintiff's attorneys.

> “Service provider” was a pleasant euphemism for Handybook’s fleet of freelance cleaners and handymen. After signing up with Handybook, service providers received text alerts about available jobs, which they could claim for themselves by texting back, on a first-come, first-serve basis.

> A programmer giggled and called out, “Ashley, do your Chinese washer woman impression again!” “My Chinese washa wo-men?” she pulled back the skin on the sides of her face. “I do you laund-wy! Own-wy ten dollah!” She laughed hysterically, “I clean you house!” The programmers sniggered loudly. “Ching chong!” someone yelled out and collapsed into laughter.

> “Want to hear a joke I heard today?” a programmer asked, eying me and giggling. “What’s the difference between a woman and a refrigerator?” “…what,” I said. “Refrigerators don’t moan when you put meat in them!”

This behavior is toxic to businesses that want to remain in business.

> “Service provider” was a pleasant euphemism for Handybook’s fleet of freelance cleaners and handymen. After signing up with Handybook, service providers received text alerts about available jobs, which they could claim for themselves by texting back, on a first-come, first-serve basis.

A lot of these "on demand" companies are built on classifying their service providers as independent contractors. In many cases, however, independent contractor classification is questionable. In this case specifically, the description of how the company dealt with Lupe raises serious questions.

The more funding these companies receive, and the bigger they get, the more attractive they're going to be to plaintiff's counsel. One of Handy's competitors is already on the radar of a prominent Boston class action attorney[1].

[1] http://www.washingtonpost.com/news/storyline/wp/2014/09/10/a...



In this case specifically, the description of how the company dealt with Lupe raises serious questions.

Honest question: what is legally wrong with it? If people show up late, you are allowed to remove them from your network. I don't see anything at http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employ... that indicates paying attention to the time when work is done disqualifies one from being a contractor.


Right on the page you cited, it says:

"You are not an independent contractor if you perform services that can be controlled by an employer (what will be done and how it will be done)."

Enforcing specific working hours is definitely controlling how a job will be done.




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