Comments about ‘State senator says LLC status a disadvantage for construction workers’
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Being that Utah labor laws are the federal labor laws perhaps they should read them. It gives clear definitions of employee and employer and that this kind of employment is illegal. If these employees were owners then they should also be benefactors as share holders. A worker cannot be anything but an employee if certain criteria are demanded of a worker as defined in the federal labor laws. If an employee is requried to work certain hours and with restrictions they are employees. These companies could be in big trouble and sued for millions of dollars in back taxes and incomes and injuries to all its workers. I also think OSHA may have something to say about this kind of fraudulent employer.
The state has adopted the federal labor laws as its labor laws so that is the criteria of Utah labor. The federal labor law also states that no employer can hire an illegal alien. And if they do hire a foreign national it must also pay that employees cost to return them home. This alone would ease the financial burden of the state to deport illegal aliens.
Trust the construction companies to devise a scheme to cheat their employees. This is the result of weakened rights for employees and the demise of unions. Employees don't pursue their rights because of fear of retaliation. Thus the need for better labor laws which are actually enforced.
The US Tax Code also states that an owner cannot just take distributions & no salary. Surprised that the IRS isn't auditing them already for that.
It seems that a lot of these so-called business owners are illegal aliens. This whole thing seems like a schema to allow them to employ illegal aliens on construction projects with reduced risk.
My guess is these "owners" aren't filing their annual business or personal taxes. It's hard enough for a legitimate business owner to track all of their tax/payroll data. I can't imagine an illegal alien who doesn't speak English filling out an 1120 tax form K1 statements...
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