Hand digging trench question

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jumper

Senior Member
I don't believe that is true unless the job requires a license. I can pick someone off the street to dig a trench and pay them as a laborer but I will have to declare it to the insurance company for worker's comp which I will be responsible to pay

If the person has no business license as an independent contractor, then he would be an employee, no?

How do you deal with the taxes, verification of eligibility to work and such then?
 

growler

Senior Member
Location
Atlanta,GA
Legally you really can't sub anything out to a laborer unless he is some sort of labor contractor with a license ( business type ).

I don't believe that is true unless the job requires a license. I can pick someone off the street to dig a trench and pay them as a laborer but I will have to declare it to the insurance company for worker's comp which I will be responsible to pay


Denis I didn't say you couldn't lagally hire them I said you can't call them a sub contractor ( implied by sub out )

Your workman's comp carrier will want a record of this as casual labor and so will the IRS. Your workman's comp carrier won't like it very much either.

When I said license I clarified by saying (business type). Either you are a business or you are an idividual person and temp employee/casual labor.

I also didn't say that enforcement of our existing laws was very good or that no one will even care unless there is an injury or death.
 

growler

Senior Member
Location
Atlanta,GA
So it's fine that I occasionally hire an illegal immigrant from the Home Depot parking lot to do the yard work that I don't want to do?

When Colin Powell was Secretary of State some 12-14 years ago I herd him state during an interview (TV)) that there were illegals doing work all over his house and I would assume yard work was included.

Well if it was good enough for the Secretary of State then I supposed it's fine for you.

I didn't mention illegal immigrant only an unlicensed laborer the rest was your assumption.
 

ADub

Senior Member
Location
Midwest
Occupation
Estimator/Project Manager
When Colin Powell was Secretary of State some 12-14 years ago I herd him state during an interview (TV)) that there were illegals doing work all over his house and I would assume yard work was included.

Well if it was good enough for the Secretary of State then I supposed it's fine for you.

I didn't mention illegal immigrant only an unlicensed laborer the rest was your assumption.

I didn't assume anything I simply changed the subject. And while we're talking about me I should add I probably don't pay half as well as Powell.
 

kwired

Electron manager
Location
NE Nebraska
AFAIK the locate companies won't locate on private property--you need to hire some one to do that-- when I was fencing my yard they only located to the property line and told me that I would need to hire someone to go any further

Kind of defeats the purpose of the one call notification systems. If that were how it worked everywhere, there would be no good reason to call if you are only digging on private property, which mostly means only utility work being done on public property would be the ones with good reason to call.

Now if your electric meter, gas meter, private line transition point for other utilities is at the property line then those are private lines that are on the property and I could see them not being located by some utilities, but usually the utility has easement to bring their service to your home or business and that stops once it hits the building.
 
AFAIK the locate companies won't locate on private property--you need to hire some one to do that-- when I was fencing my yard they only located to the property line and told me that I would need to hire someone to go any further

Kind of defeats the purpose of the one call notification systems. If that were how it worked everywhere, there would be no good reason to call if you are only digging on private property, which mostly means only utility work being done on public property would be the ones with good reason to call.

Now if your electric meter, gas meter, private line transition point for other utilities is at the property line then those are private lines that are on the property and I could see them not being located by some utilities, but usually the utility has easement to bring their service to your home or business and that stops once it hits the building.

That is my understanding. As RichB said,They dont locate on private property, however if the poco has an easement running in there, they will mark it. But say a feeder between the house and garage - no.

If the person has no business license as an independent contractor, then he would be an employee, no?

How do you deal with the taxes, verification of eligibility to work and such then?

Step 1. Drive to home depot and pick up a guy
Step 2. He digs the trench
Step 3. Give him $150 cash
Step 4. Eat the taxes on it, or if you are really cheap, deduct under the "$600 or less subcontractor" rule. You dont need to 1099
Step 5. Enjoy heaven when you die, you will probably still get in. :angel:
 

iwire

Moderator
Staff member
Location
Massachusetts
As far as I know they will locate utility owned equipment in any location.

They will not locate privatly owned equipment.
 

kwired

Electron manager
Location
NE Nebraska
As far as I know they will locate utility owned equipment in any location.

They will not locate privatly owned equipment.
That is way it is here. The line between the house and a detached garage is private owned equipment.

The service lateral is utility owned and/or maintained in most cases, especially if the meter is on the structure served. Same for gas and communications.

Water/sewer ? Old lines with no tracer wires they give you the best information they can off their maps of where it was supposed to be, but still tell you you are on your own as they can't confirm exact location.
 
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