Seriously, what if anything has been written about how the platform gig worker identities are clearly being shared among multiple people?
I've noticed it for deliveries; I don't recall seeing it for rideshares, which makes sense, it would be a more serious issue.
Like, my first instinct is that one person forms an identity and subcontracts out to others, for a fee - the others don't create identities because, maybe, they can't legally work.
But I don't know.
@annmlipton Or it could be like a family sharing one car all using the same account.
It's also possible that it's similar to selling video game accounts; if it's hard to get from zero to a respectable account, then selling people an advanced start would be a valuable service.
@LouisIngenthron Someone linked some spanish articles that suggest it's about work permits.
@annmlipton Wait, I thought they were independent contractors. Would they even need work permits if the rideshare platform didn't W2 them?
@alysondecker @annmlipton Interesting. Who's normally responsible for checking that? In a regular 1099, we have clients, not employers, so it can't be the employer. And, as I understand it, the IRS doesn't care about much more than getting its cut, right?
@LouisIngenthron @annmlipton it’s the employer. It’s illegal for an employer to employ someone who can’t legally work in the country and can be enforced by different federal agencies. It’s different if you are issuing a 1099 to a company versus an individual.
@alysondecker @annmlipton Wait, but a 1099 is, by definition, an independent contractor, right? If they have an "employer", they should no longer qualify for 1099 and have to be W2 or something, right?
@LouisIngenthron @annmlipton that’s not at all how that works- a 1099 is still an employee and you are bound by all employment law rules.
@alysondecker @annmlipton Hmm... the IRS's instructions for the 1099 form seem to indicate otherwise:
"Do not include wages, any bonuses, prizes, and awards paid to your employees. Report these on Form W-2."
Are rideshare cuts not considered wages, bonuses, prizes, or awards?
@LouisIngenthron @annmlipton I’m just an attorney who specializes in employment law and advises multi-national companies on this regularly. 🤷🏻♀️ But just keep googling and incorrectly reading things- I’m sure it will work out great.
@alysondecker @annmlipton I recognize your expertise. I'm asking you to explain why this is wrong.
@alysondecker @annmlipton Also, describing my quoting from the IRS's official instructions on the document we're discussing (with citation!) as "googling and incorrectly reading things" is just uncalled for.
@LouisIngenthron See, I don't know the details. I've never tried to sign up for these platforms. But even though the platforms insist they aren't employers, it wouldn't surprise me if they hedged bets with some proof of citizenship status.
@LouisIngenthron @annmlipton you still need to be able to legally work in the United States and have a tax ID as a 1099.