Volition.com Forums

Username:
Password:
Save PasswordRegister
Forgot Password / Username?
Home | Search | Chat | FAQ | Posting Rules

 All Forums
 Mystery Shopping, Merchandising & Demo
 Merchandising & Demo
 Feedback Requested: Certified Marketing Services (CMS) (2)
 Reply to Topic
 Printer Friendly

Previous Page | Next Page

Author Previous Topic Topic Next Topic
Page: of 81

Big Sue
Star Contributor

USA
785 Posts

Posted - 06/29/2010 :  6:07:36 PM  Reply  Reply with Quote
quote:
Originally posted by JonK

So now they are literally offering to pay below minimum wage. I was checking out the Additional Details on my DOL assignments. These are the changeout assignments in July that are estimated to take 90 minutes. 1 unit = 1 hour.

And how much does the first unit (hour) pay?

$6.00 for the first unit and $2 each additional ¼ unit (1 unit=1 hour in store time)

Can you believe that? I thought $8 per hour was low when you consider all the driving required to perform multiple locations. Now they have lowered their fee once again.

I know we are ICs, but is this legal? Can they knowingly pay their contractors a rate which is less than the federally mandated minimum wage?

This is where the problem lies. There is no minimum wage for an IC. However, I doubt that any of you meet the true definition of an IC under Federal, or your State's laws. What slime companies do, is pay workers who should really be employees, as independent contractors. They do this to save themselves money (taxes, workkman's comp, etc.) It would be very interesting for someone to contact the IRS and explain your job and this company to them and let them now what is going on. This happened to SMP a few years back, and they had to make the merchandisers employees and take them off the IC status.

Read this info, for example: http://www.smbtime.com/2010/06/worker-classification.php

The more "regulated" and "controlled" you are, i.e., the company tells you when where and how to perform the job and gives you strict dates, times,instructions, etc., you are not meeting the criteria to be an IC and should be classified as an employee.

This is from the IRS website:
http://www.irs.gov/businesses/small/article/0,,id=99921,00.html

Per the IRS:
Behavioral Control

Behavioral control refers to facts that show whether there is a right to direct or control how the worker does the work. A worker is an employee when the business has the right to direct and control the worker. The business does not have to actually direct or control the way the work is done – as long as the employer has the right to direct and control the work.

The behavioral control factors fall into the categories of:

Type of instructions given
Degree of instruction
Evaluation systems
Training
Types of Instructions Given


An employee is generally subject to the business’s instructions about when, where, and how to work. All of the following are examples of types of instructions about how to do work.

When and where to do the work.
What tools or equipment to use.
What workers to hire or to assist with the work.
Where to purchase supplies and services.
What work must be performed by a specified individual.
What order or sequence to follow when performing the work.
Degree of Instruction


Degree of Instruction means that the more detailed the instructions, the more control the business exercises over the worker. More detailed instructions indicate that the worker is an employee. Less detailed instructions reflects less control, indicating that the worker is more likely an independent contractor.

Note: The amount of instruction needed varies among different jobs. Even if no instructions are given, sufficient behavioral control may exist if the employer has the right to control how the work results are achieved. A business may lack the knowledge to instruct some highly specialized professionals; in other cases, the task may require little or no instruction. The key consideration is whether the business has retained the right to control the details of a worker's performance or instead has given up that right.

Evaluation System

If an evaluation system measures the details of how the work is performed, then these factors would point to an employee.

If the evaluation system measures just the end result, then this can point to either an independent contractor or an employee.

Training

If the business provides the worker with training on how to do the job, this indicates that the business wants the job done in a particular way. This is strong evidence that the worker is an employee. Periodic or on-going training about procedures and methods is even stronger evidence of an employer-employee relationship. However, independent contractors ordinarily use their own methods.

Permanency of the Relationship

If you hire a worker with the expectation that the relationship will continue indefinitely, rather than for a specific project or period, this is generally considered evidence that the intent was to create an employer-employee relationship.

Services Provided as Key Activity of the Business

If a worker provides services that are a key aspect of the business, it is more likely that the business will have the right to direct and control his or her activities. For example, if a law firm hires an attorney, it is likely that it will present the attorney’s work as its own and would have the right to control or direct that work. This would indicate an employer-employee relationship.

So it may be that Certified is "getting away" with calling their merchandisers IC's, when they do not legally meet the requirements. That would be something that ALL of you should look into and I would recommend that you contact the IRS and let them investigate this situation as well as contacting the Labor Board in your state and letting them investigate this situation also.



Go to Top of Page

Angela Harrington
Member

mid-michigan, MI
USA
43 Posts

Posted - 06/29/2010 :  6:21:23 PM  Visit Angela Harrington's Homepage  Reply  Reply with Quote
Today I was assigned 3 recall for FD. Well good grief first they say they cant all be done the same day. and 2nd I need to contact them ASAP if I want to cancel. However I have no information on any of these jobs. My info page is BLANK. How am I supposed to make an informed decision ASAP?
Go to Top of Page

.AnnieWulf
Inactive

USA
70 Posts

Posted - 06/29/2010 :  7:59:01 PM  Reply  Reply with Quote
Sue, I know that you're right. It's been years since they tightened the laws regarding what could be called IC work vs an employee/employer relationship. For instance, as an IC, you have the right to hire a third party to do the work you contracted to perform. As an independent contractor, you can't be told what hours to perform the work. However, as an IC, there are certain advantages for us not the least of which is that every expense we incur in going about the IC "job" can be written off directly instead of taking it as a deduction. Tax deductions have to total a certain amount before it behooves us to itemize as opposed to taking the standard deduction but expenses in doing business are write offs taken directly from our bottom line. You get paid 8 bucks to do a job for a company, you drive 16 miles to do the job you've made no money, if I understand the tax laws. Your mileage eats your income, thus you have no income in the above example. Yes, technically, you haven't earned any money. There's gas, insurance, wear and tear on your car, etc., and that deduction is supposed to cover all that, not just the gas. But at least in my neck of the woods and with what we're paying for gas, I have made some money and offset my taxes. They don't always zero each other out but the averages are in my favor, at least for as long as the mileage write-off is as high as it is and the gas prices in my area remain relatively low.

I have issues with Certified, at least on principal, but I don't remain in relationships that aren't equitable for me. If I don't get something out of the relationship, stick me with a fork cause I'm done. I'm careful about the jobs for which I apply and those I'll accept when called. On Certified's perms, I'll sometimes do a job once, and if I feel I can't make money repeating the process, I'll indicate that I'm not interested in accepting it on a permanent basis on the online form. But I'm not going to sign on to do a job for six bucks unless I can get two of them and have them close enough together to do the two of them (more or less) in an hour. Who am I kidding? I'm not likely to accept a job for 6 bucks, period. But if I do, I can't claim I was forced to do it. As an IC you can pick and choose your work and that DOES hold true for Certified.

I guess I'm lucky. I have never dealt with Certified representatives that I felt were rude or abusive. I have been upset with what felt to me like penny pinching, but pennies multiplied by the number of jobs involved add up to dollars and they have to compete and at the same time, they've got to promise that a large percentage of the work will be done on time and completed as agreed. So it's a tightrope for them to walk. If they bid too high, another company will get the job. I feel a certain loyalty to them because they gave me work when I needed it and walked me through my first fledgling attempts. Now I use them for fill in work to round out the steady part time jobs I've moved onto.

I guess what I'm saying is think it through before you accept any IC work. If you don't feel like you can come away from a task having made some money, don't do it again. Also, be careful what you wish for.

Annie
Go to Top of Page

MarkFL
Valued Contributor

FL
USA
152 Posts

Posted - 06/30/2010 :  07:41:15 AM  Visit MarkFL's Homepage  Send MarkFL an AOL message  Reply  Reply with Quote
They have grocery stores up in my area for a huge payment of $2.00
Even if you are in the area, isn't your time worth more than that?

Mark
MSPA Gold Shopper and Professional Merchandiser.
Go to Top of Page

JasonLuntz
Apprentice

Clarksville, TN
USA
1 Posts

Posted - 06/30/2010 :  8:34:19 PM  Visit JasonLuntz's Homepage  Reply  Reply with Quote
quote:
Originally posted by JonK
Anyone else sign up for the special "invitation only" project to set up the oil display for an auto parts store?

I did this assignment today. I signed up for 4 of them. The first one took me over 2 hours to complete. It was very difficult to understand the directions. The second one took me 75 minutes, so that was an improvement. I had to call them and let them know the other two will have to be done tomorrow.

What made this one so time consuming was the directions. I would have preferred written instructions over those pictures.

Jason
Go to Top of Page

Gretta
Star Contributor

Jacksonville, NC
USA
1563 Posts

Posted - 07/01/2010 :  09:03:34 AM  Reply  Reply with Quote
Anyone else take couponing job at K-Mart for later in July? I picked up two of these and really hope the 1 hour expected time is correct.
Go to Top of Page

Jeff68005
Star Contributor

Bellevue, NE
USA
1171 Posts

Posted - 07/02/2010 :  6:55:41 PM  Send Jeff68005 an AOL message  Reply  Reply with Quote
quote:
Originally posted by JLuntz

quote:
Originally posted by JonK
Anyone else sign up for the special "invitation only" project to set up the oil display for an auto parts store?

I did this assignment today. I signed up for 4 of them. The first one took me over 2 hours to complete. It was very difficult to understand the directions. The second one took me 75 minutes, so that was an improvement. I had to call them and let them know the other two will have to be done tomorrow.

What made this one so time consuming was the directions. I would have preferred written instructions over those pictures.

AMEN !!
When I read the description, I kept on looking at other jobs.

I was recruited for two of them by telephone. I thought it said limit of two locations per person. That was four too many for me. I did one Monday and the other one Tuesday. Tuesday, at least I had a clue, but the parts would not work as well as the Monday one did when all was said and done. Both took two hours for different reasons. Tuesday, I gave up and used a stapler. The folds kept going sproinnnnnnnng
THEN after the job was done, they asked for photos. I dropped by and photoed Monday's job.

Jeff Hix
Serving metro Omaha, Nebraska including Bellevue, Papillion, La Vista, Ralston, Plattsmouth and Council Bluffs, Iowa.
MSPA Silver Certified - MSPA Gold Certified - NARMS Proficiency Test PASSED
Go to Top of Page

Jeff68005
Star Contributor

Bellevue, NE
USA
1171 Posts

Posted - 07/02/2010 :  7:10:13 PM  Send Jeff68005 an AOL message  Reply  Reply with Quote
I was recruited today for a FAM recall job that was supposed to be July 7 or 8. When I get home, I find the gal (out of Denver, Colorado area code 303) did not assign me one of the locations originally offered AND gave additional FAM recalls for earlier in the week. That makes TWO trips for each store this week times two - maybe three stores if I pick up the other one.
My Tuesdays and Wednesdays are booked for weeks in advance. This coming week was already "very interesting".
They kinda got me by the shortest of hairs. I have been removed once by them. After about 7-8 months away, I'm back. I've seen stories when people tried to fix these kinds of errors, they got canned. I already have a warning if they can me again, it's permanent.
Sooooo.... It's D*** if I do the job and D*** if I try to correct it.

There are other assignments out there that make me wonder why I agreed to this. I know.... I was out in the field and did not have a computer handy to see the lay of the land.
I called them and nobody was home. I'm hoping the labels arrive early.

Jeff Hix
Serving metro Omaha, Nebraska including Bellevue, Papillion, La Vista, Ralston, Plattsmouth and Council Bluffs, Iowa.
MSPA Silver Certified - MSPA Gold Certified - NARMS Proficiency Test PASSED
Go to Top of Page

Sandi G
Star Contributor

Tallahassee, FL
USA
918 Posts

Posted - 07/02/2010 :  8:19:13 PM  Reply  Reply with Quote
Jeff, sounds like you talked to the same scheduler I did. She scheduled me for a different shop, but had 2 locations she wanted done. I didn't think I could get to one area today, but I was going to pass right by another one. Went to the print the paperwork 15 minutes later, only to find she'd scheduled me for the farther one. I called in, but they could find no sign of the closer location, so obviously someone else had picked it up. They told me they could unassign the one I'd gotten and it would not count against me since it wasn't my fault. She also said I could do it tomorrow, even though the directions have big bold letters saying it absolutely must be done today. I can get there tomorrow, so I said to leave it, but if the directions were right and it gets removed for not being turned in my 8am, I'm going to be a bit peeved.

Are these 2-hour auto store visits the ones that say they are expected to take 30 minutes? One showed up here so I was curious. I opted to be safe and pass on the offer.

--Sandi
traditional & video shopping FL and GA
Go to Top of Page

JonK
Contributor

AL
USA
87 Posts

Posted - 07/03/2010 :  04:44:06 AM  Visit JonK's Homepage  Reply  Reply with Quote
quote:
Originally posted by Sandi G

Are these 2-hour auto store visits the ones that say they are expected to take 30 minutes? One showed up here so I was curious. I opted to be safe and pass on the offer.



I think originally they did say 30 minutes, but then - believe it or not, they sent a second message revising the time and increasing our pay to $8 from $6. The revised time was 45-60 minutes.

Like Jeff I finally resorted to a stapler and, I confess, even a little packing tape to hold it together. There were two things that were so hard to do as one person. First, I can't easily describe it but you had to lock the bases in place by wrapping four large pieces of cardboard together. I was doing a little dance, probably looked a little too intimate for small children, trying to grope two of the pieces with my body while bringing the other two pieces together with my hands.

The other frustrating part were the little side panels that were just for show. They fit on the bottom half of the two sides and you just couldn't get them to stay on. That's where the stapler came in handy.

Jon
Shopping all of Alabama, Mississippi, Florida panhandle, most of Tennessee, western Georgia and anywhere else where there's opportunity!
Go to Top of Page

Winona
Valued Contributor

Huntsville, AL
USA
106 Posts

Posted - 07/03/2010 :  05:25:40 AM  Visit Winona's Homepage  Send Winona an AOL message  Reply  Reply with Quote
quote:
Originally posted by Jeff68005

I'm hoping the labels arrive early.



Jeff,
Slow shipping of labels was my fear, too!

Thankfully, the FD recall for the 6th has no labels- product is to be destroyed on site - yay!

For the 8th, site shows labels shipped on the 1st, so they should arrive in time.

Winona
Servicing north Huntsville, Harvest, Toney, Meridianville, Hazel Green, New Market, AL as well as Ardmore & Fayetteville, TN
Go to Top of Page

Jeff68005
Star Contributor

Bellevue, NE
USA
1171 Posts

Posted - 07/03/2010 :  07:15:03 AM  Send Jeff68005 an AOL message  Reply  Reply with Quote
I would rather the labels arrive on Wednesday and make one trip than this. The assignments are 20+ miles away.
I originally signed up for ONE task on Thursday or Friday.

Jeff Hix
Serving metro Omaha, Nebraska including Bellevue, Papillion, La Vista, Ralston, Plattsmouth and Council Bluffs, Iowa.
MSPA Silver Certified - MSPA Gold Certified - NARMS Proficiency Test PASSED
Go to Top of Page

MarlaB
Star Contributor

Attica, IN
USA
2843 Posts

Posted - 07/03/2010 :  2:10:31 PM  Reply  Reply with Quote
There are 2 FD recalls that states clearly that they CANNOT be done at the same time, since they are different dates. Plus a phone maintenance for another date. 3 jobs per store, all on different dates.

Marla
Go to Top of Page

Jeff68005
Star Contributor

Bellevue, NE
USA
1171 Posts

Posted - 07/03/2010 :  3:34:00 PM  Send Jeff68005 an AOL message  Reply  Reply with Quote
IF you are looking at the PC, yes. They are separate jobs, etc so you can pick one and not the other.
BUT I was telephoned while I was out in the field where I could not see that and was NOT told that. The scheduler mentioned the Thursday/Friday, but NOT the Tuesday/Wednesday job. She just scheduled me for them as well.

I'm lucky she did not put me in for the following Monday too.
They are really pushing for someone to take on FAM locations as PERM assignments which means you are assigned all tasks at the PERM locations without knowing what and when you will be on the hook.

I'm just not interested in a pig in a poke like that.

Jeff Hix
Serving metro Omaha, Nebraska including Bellevue, Papillion, La Vista, Ralston, Plattsmouth and Council Bluffs, Iowa.
MSPA Silver Certified - MSPA Gold Certified - NARMS Proficiency Test PASSED
Go to Top of Page

MarlaB
Star Contributor

Attica, IN
USA
2843 Posts

Posted - 07/03/2010 :  4:01:25 PM  Reply  Reply with Quote
my son has 1 FD as a perm assignment. Lucky for him, the regular phone service is the same week as his DOL changeout, and the stores are just across from each other.

Marla
Go to Top of Page

.AnnieWulf
Inactive

USA
70 Posts

Posted - 07/03/2010 :  5:42:33 PM  Reply  Reply with Quote
I received a call with a request that I do three additional FD jobs in addition to my four perms. You might want to check to be sure, but I was told that they were lumping them together and paying accordingly and could be done on the same visit. Again I repeat, you might want to check to be sure that this applies to your FD jobs and in your vicinity.

Annie
Go to Top of Page

.AnnieWulf
Inactive

USA
70 Posts

Posted - 07/04/2010 :  07:13:05 AM  Reply  Reply with Quote
VENT
The new program for the Dollar General movie job is coming up and they said they'd make every effort to split our stores up over two weeks so if we had several locations, we didn't have to do them all the same week. The next time I signed onto the website, there was a form I had to use to choose the week I wanted to do each location before I could move on. I gave careful thought to where each one was located as I made my decisions. When I went to the site today to download paperwork for the upcoming week, I see that they've assigned each and every store I have for the same week including one that is an hour away ONE WAY. I do 9 stores.

Annie
Go to Top of Page

MarlaB
Star Contributor

Attica, IN
USA
2843 Posts

Posted - 07/04/2010 :  07:51:11 AM  Reply  Reply with Quote
Annie, all stores are assigned for one week, but the stores are spread out over 2 weeks. My son has 4 and his shows as being scheduled for 1 week, but then there was an additional message stated that his stores are spread out over the 2 weeks. It is alittle confusing.

Marla
Go to Top of Page

Dar-L
Star Contributor

USA
1031 Posts

Posted - 07/04/2010 :  08:33:23 AM  Reply  Reply with Quote
Mine are not. CMS split mine into 2 weeks, and the 7/19 are not posted yet. They did not split them exactly as I requested, but close enough.

But the paperwork we can download right now is not for the changeout visit, but a maintenance visit(7/5).

Reading closer into the instructions, it says that ALL stores will be visited THE WEEK BEFORE the changeout visit. So those of us that drive a ways (I have several an hour away from me) will actually visit all stores next week (7/12); some a maintenance visit, and some a changeout. Then the remaining stores 7/19 for the changeout.

CMS also put on the web the other day a schedule of changeout dates by stores assigned to us. Nice of them!
Go to Top of Page

.AnnieWulf
Inactive

USA
70 Posts

Posted - 07/04/2010 :  09:18:42 AM  Reply  Reply with Quote
OK, I'm totally confused. Will just have to see what happens.....

Annie
Go to Top of Page
Page: of 81 Previous Topic Topic Next Topic  
Previous Page | Next Page
 Reply to Topic
 Printer Friendly
Jump To:
Volition ® Copyright © All rights reserved. Volition is a registered trademark of Volition.com LLC. Go To Top Of Page
This page was generated in 0.45 seconds. Software © Snitz Forums