Most technicians size up a job offer by looking at the following items: rate, location, start date, and hours. Those are the right issues to evaluate, but a good working relationship is governed by more than that, including how overtime is calculated, who your legal employer actually is, what you can expect during screening, and what happens if the project ends early. Those are the details that decide how the job actually goes.

As General Counsel of FlexTrades, I spend most of my time on the employer side of these arrangements, but here is what I would want a technician to look at, no matter which employer is making the offer.

Know Who Actually Employs You

Start with the most basic question: are you a W-2 employee or a 1099 independent contractor?

This is not a formality. As a W-2 employee, you generally have overtime protections under federal and state wage laws, workers’ compensation coverage if you are hurt on the job, potential eligibility for unemployment benefits if the assignment ends, and an employer withholding taxes and paying the employer share of Social Security and Medicare taxes. As a 1099 contractor, you have none of that by default, and the self-employment tax is yours to pay.

Some companies classify workers as contractors who, under the law, should be employees. A higher rate on a 1099 arrangement can be worth less than a lower one on a W-2 once you factor in coverage and the taxes you must pay yourself. Ask the question about employment status directly and get the answer in writing.

If you are working through a staffing company, there is a second question worth asking: when something goes wrong on site, who do you call? Well-run organizations answer that before your first shift.

The Rate Is Not the Total Picture

Overtime is where offers diverge most. Under federal law, most covered, nonexempt employees are entitled to at least one and a half times their regular rate for any hours over forty in a workweek. Several states add daily overtime rules, and some require meal and rest breaks that federal rules do not.

A few things worth confirming before you accept:

  • Guaranteed hours. If the offer advertises fifty hours a week, is that guaranteed or projected? What happens in a short week?
  • Travel time. Which portions of travel are paid, and at what rate?
  • Per diem. Is it taxable? Per diem on an assignment realistically expected from the outset to run longer than one year is generally taxable because the assignment is considered indefinite for federal tax purposes. That is an IRS rule, not an employer preference.
  • Lodging. Is it arranged and paid for you, reimbursed after the fact, or entirely on you to coordinate?
  • An early end. If the client cancels the project, what are you owed and how quickly are you paid? Final paycheck deadlines are set by state law and vary widely.

You Have Rights in the Screening Process

Employment background checks obtained through a third-party consumer reporting company are governed by the Fair Credit Reporting Act. Before a check is run, you are entitled to a clear, standalone written disclosure, and you must give authorization. If something in that background check is going to cost you the job, the employer must send you a pre-adverse action notice with a copy of the report and a summary of your rights, and give you an opportunity to dispute an error before the decision is final.

Reports do contain errors. If you receive that notice, do not treat it as the end of the conversation.

Drug testing rules now vary considerably by state, particularly for marijuana. Federally regulated safety-sensitive roles follow their own program regardless of what state law says. Ask the employer what rules apply to the role you are pursuing.

Two Employers, One Set of Safety Rights

You can report a hazard without fear of retaliation. That protection does not weaken because you are a contract or contingent worker. Where a staffing company places you at a host employer’s site, both companies generally have responsibilities for your safety.

Know who your on-site supervisor is, who your employer contact is, and how to reach both before your first shift.

The Bottom Line

None of this is about distrust. Most employers in this industry are trying to get it right, and the skilled trades play a critical role in today’s job market. That is worth protecting.

Ask the questions before you sign rather than after. A company that answers them plainly and puts the answers in writing is telling you something useful about how it does business.

At FlexTrades, our Technicians are W-2 employees. We review site safety expectations with our clients before a placement begins, and we work to have these answers ready at the offer stage.

Standard lawyer’s caveat: This is general information, not legal advice. For your specific situation, please consult your own counsel.

In general, there are two types of job markets, a candidate-driven jobs market and an employer-driven jobs market. As it stands today, the United States is in a candidate-driven jobs market, but what is that and what does it mean?

What is a Candidate-Driven Jobs Market?

A candidate-driven jobs market happens when candidates have the upper hand. What this means is that jobs are abundant and employees (candidates) call the shots.

What Does a Candidate-Driven Jobs Market Mean for Employers?

  • It’s time to rethink compensation. Where can improvements be made? Is company-wide compensation equal or better than the competition?
  • Candidates are prepared to negotiate pay, perks, and benefits. Companies should be willing to negotiate and also willing to concede, if necessary.
  • Reconsider the years of experience required. This invites those with fewer years of experience to apply and, oftentimes, it’s those applicants who are most eager to do the job.
  • Make sure that there is room for advancement. Having an upskilling path and a plan for the advancement of every employee is critical to retaining employees.
  • Think again about the critical skills needed in a role. Are there any “must-haves” that aren’t really “must-haves?” Make those skills a “nice-to-have,” and watch the applications roll in.
  • Not everyone is actively looking for a new job. Targeting passive candidates who aren’t seeking new jobs may be interested in what else is available.

Recruiting Top Talent is Hard

In this market, it can be hard to recruit (and retain) top talent. That’s where FlexTrades comes in. With our technical knowledge and team of skilled technicians located nationwide, we can help you and your company find the people you need to continue thriving. Contact FlexTrades today to learn how we can help your company bridge the gap between where you are now and where you want to be as a manufacturer.

In general, there are two types of job markets.

  1. The candidate-driven market
  2. The employer-driven market

As it stands today, the United States is in a candidate-driven job market. What exactly is that and what does it mean for job seekers?

What is a Candidate-Driven Job Market?

A candidate-driven job market sees candidates with the upper hand rather than employers. What this means is that jobs are abundant, employers are in need, and job seekers call the shots.

What Does It Mean for Candidates?

  1. There is plenty of room to negotiate pay, perks, and benefits.
  2. Companies are reducing experience requirements. This can open up the path to a new (or dream) job for candidates.
  3. Upskilling and training are more prevalent, and companies are more willing to provide these opportunities to get someone in the door. With this, candidates turn “weaknesses” into strengths and build their repertoire of skills by participating in the upskilling and training process.
  4. Companies are changing “must-haves” to “nice-to-haves.” Candidates should (and can) apply for jobs even if they can’t check the box for every requirement.
  5. Passive candidates can get to know the playing field. What’s out there? How in-demand are their skillset? Where can they earn more, and how can they use that information to negotiate better pay with their current employer?

In this current, candidate-driven job market, it’s all about the job seeker. But that’s nothing new for FlexTrades.

FlexTrades values and, has always valued, its Technicians (candidates).

Join the FlexTrades team today to experience top-notch pay, the opportunity to travel, and the ability to work and learn new skills with some of the best manufacturers in the United States!

If you’re new(er) to manufacturing, don’t worry. We have that covered, too! Join our ReTool team for the opportunity to learn from the best, increase your skillet and train for your dream job.