Portsmouth Herald Local News: Unions miffed about... -
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Published on: 2/19/2006
Last Visited: 2/19/2006
David Wihby, deputy commissioner at the Department of Labor, said questions such as "Can the worker set his or her own hours?"are answered legitimately by someone who probably is an employee but wants to be an independent.
"The guy says, ‘Yeah, I work 8 to 5 every day, but he doesn't make me,'" Wihby said."When they get hurt, that's when it's a different story."
Then, he said, the person goes to the Department of Labor and claims to be an employee because he will not be able to pay the medical bills.The department holds hearings to rule on the claim, but not very many.Wihby said most go unreported because the worker is afraid of having done something illegal.
"These people want to get a job so they'll sign anything to avoid having to go on welfare.But if they get injured on the job, they end up on welfare," Wihby said."So it hurts the system both ways."
Inspections are done by the Department of Labor both at random and at the request of an individual.The state inspector goes through paperwork on each employee and questions workers on their job status.Wihby said often all the workers aren't at the site when the inspector is and sometimes employment is never documented because some of the workers are paid in cash.
"It takes a lot of time and effort to do that," Wihby said.