Robin's Ruminations

I've written previously about the use of independent contractors (IC's) as process servers and legal messengers.  Use the search tool to locate all the posts.  I won't repeat here what I wrote previously.

It has been learned through several sources that the Department of Labor & Industries (L&I) and Employment Security (ES) are indeed targeting process servers and legal messengers with plans to audit everyone in the state this year.  Their stated intent is to eliminate the use of IC's in our industry.  They are claiming none of us can pass the six part test they apply to determine whether or not a person is an employee or an IC.  Click here to open an L&I flier on this subject.  See page five for the six part test.

Some people in our industry think they can bury their heads in the sand and this threat will go away.  They think if they keep a low profile then they won't be noticed.  Following the "head in the sand" course is both foolish and risky.

It is foolish because it ignores the importance of working together as an industry to fight back against what appears to be an arbitrary decision on the part of the State of Washington.  Using IC's has been a part of process serving for many decades.  It has benefits for companies big and small.  The State is bound by its own laws and rules.  If bureaucrats are arbitrary in their application of those laws and rules then it is possible to hold them accountable.  But this is possible only if people work together.  Very few of us have the wherewithal to fight the State and win.  But by standing together it can be done.

It is risky because it assumes you won't be found out.  It is only a matter of time before all of us are found.  And when they find you the costs will be substantial.  The State can go back three years plus claim interest and penalties.  It is not a matter of "if" but of "when".  And don't think your competitors will remain quiet if they get audited and you don't.  It is a sure bet they won't give you that kind of competitive advantage.

We have two powerful weapons with which to defend ourselves - KNOWLEDGE and COOPERATION.  We must educate ourselves about the law and we must work together as an industry.  

Take a single piece of paper and tear it in two.  Easily done.  The paper yields to your strength.  Now take a ream of paper and tear it in two.  Try as you might, you will not be able to tear the ream of paper.