Sweatshop Psychics in Washington
The Democrat Herald reports about a woman in Washington State suing the National Psychic Network over allegations that they failed to pay even minimum wage:
"I was a sweatshop psychic," Diane London, a former Seattle-area resident who now lives in the San Francisco Bay area, writes in her autobiography. ... The National Psychic Network, one of the biggest companies of its kind, counters that London was an independent contractor and therefore not eligible.
These situations can be dicey. Unless the company follows very strict guidelines, an "independent contractor" can become an "employee" quickly, regardless what labels are used.
"I'm a love expert and also the pet psychic," she said. "And I am very psychic."
So why didn't she know that they were going to stiff her? For that matter, why was she working for them to begin with? If she wants money, she should go to Las Vegas or invest in the stock market. Once she is set up comfortably, she can donate her time to helping people. That's what I'd do.
The job entails a lot of sitting by the phone and waiting for calls, which the National Psychic Network routes to stay-at-home psychics all over the country.
Stay-at-home psychics? Next we'll be reading about the poor latch-key astrologers...
Among the new requirements, psychics had to be available for readings at all hours and answer calls within two rings or risk a reduction in their call volume. Other changes: the manager gave strict orders to avoid talking about certain topics; and told them to always give "happy readings." The manager complained about the way London did her readings and about her "sleepy voice."
Requirements to give "happy readings" simply confirms the idea that these companies only exist to give lonely people someone to talk to.
Scannell argues that by piling on more and more post-Cleo controls, management converted London from an independent contractor to an employee. The amount of control is crucial. To call workers independent contractors, bosses have to keep their hands off as much as possible. Increase the amount of control too much and the workers become employees, said Mark Busto, an attorney and secretary of the Washington State Bar's Labor and Employment Law section.
With that as the basis for the case, she might win. Like I said above, strict guidelines have to be followed in order for a worker to be an "independent contractor," and obviously one of those is that the worker really does have to be independent. Lots of controls and regulations that amount to monitoring of one's work on a continuing basis is the hallmark of an employee.
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