Thank you for your response. 

The reason why some companies constantly ask for that information is because they're attempting to acquire contracts outside the PSI industry.  Hence, #2 - You're an independent contractor and you define what your business entails. 

Fell free to give myself or any Board Member a call if you would like to chat about this.

Again, thank you for your input!

Carolyn Martin

President, AFCIA

Our priority need is for Investigators with a current TS/SCI + poly (lifestyle or CI) within the four areas mentioned above.  We also need similarly cleared Investigators as well as Investigators with a current clearance based upon a SSBI from throughout the U.S. as we will receive leads nationwide.  We are especially seeking out those with current or prior Air Force OS investigative experience.  Other minimum requirements include individuals having at least three years of investigative experience within the past ten years.  This can include law enforcement as well as background investigative experience.

We have a very quick turnaround time for this contract bid.  If qualified and interested, please e-mail your response to me along with your most recent resume without delay.  Also make sure it includes your clearance information to include clearance level and date and the date of your polygraph.  I would appreciate it If you are aware of any other Investigators who might also be interested, please pass this along to them as well.

We are also looking for Investigators, qualified as noted above, who are interested in being assigned to our “Special Tiger Team” as well as those with an interest or expertise in obtaining LiveScan, electronic fingerprints, an additional requirement for this contract.

If you have already responded to a previous Sherlock solicitation please disregard this message.

An immediate response would be most appreciated.  If you have any further questions please contact me, Ed Madonna at 703-652-3145 or e-mail at emadonna@OMNIPLEX.com.

Thank you very much for your time.

Ed

Section Chief - ODNI Project

OMNISEC Int'l Investigations. Inc

14151 Park Meadow Dr.

Chantilly, VA 20151

703-652-3145 (ofc); 703-895-7004 (cell)

703-652-3157 (fax)

Job Title: Background Investigator – Air Force

Reference Numbers: 303982-752, 303983-752, 290639-815, 290640-815

Locations: Washington, DC Metro and Nationwide

OMNIPLEX World Services Corporation is a leading provider of high quality security services and innovative investigative solutions for prestigious government and commercial customers. And, OMNIPLEX is the only security services provider to be named one of Washington Business Journal's '2006 Best Places to Work.'

Expect the Best from Us Because We Expect the Best From You!

OMNISEC International Investigations, Inc., a subsidiary of OMNIPLEX World Services Corporation, is seeking qualified applicants in support of an upcoming re-compete of the Air Force Background Investigations Contract.  Currently investigators carrying Air Force credentials who desire to be considered if OMNISEC is the successful bidder should apply.  All responses will be held in confidence.  

Job Duties:

• Conduct federal background investigations in compliance with ICD 704 standards, all laws, and other required federal agency regulations.
• Work cases throughout the geographic area of responsibility and travel to various places of employment, residence and education institutions.  At times, it may be necessary to report to a field office for meetings or training.  Some extended temporary duty assignments in other areas of the country are possible.
• Engage in dialogue on a regular basis with managers and representatives at contractor facilities, various U. S. Government organizations, and law enforcement agencies to develop and maintain effective and cooperative working relationships.
• Obtain and report factual information from a variety of personal and record sources to produce a report of investigation, containing all pertinent facts, of an individual's background and character, in accordance with ICD 704 standards and agency guidelines and instructions.
• Other duties as assigned.

Basic Qualifications: 

• Must be a U.S. Citizen
• Must be at least 18 years of age;
• Must have a H.S. Diploma or equivalent;
• Must hold current Air Force Credentials; 
• Must have a minimum three years investigatory experience at the federal, state, or local level of government within the last ten (10) years OR a four year degree and have completed an approved investigator training program.
• Ability to adapt or conform to report writing standards for reports of investigation in a professional and timely manner
• Exhibit professional demeanor in all situations.
• Ability to work on a PC and use technology as directed to receive and transmit cases assignments.

Other Requirements:

• Must be able to pass all required training. 
• Must be able to successfully pass a background check to include criminal, credit, and driving record checks;
• Must have a valid driver's license and satisfactory driving record;
• Must be able to pass a security screening;
• Must be able to obtain the required U.S. Government Security Clearance.

OMNISEC is committed to a drug free workplace. As such, the Company conducts pre-employment, reasonable cause, random, and contract-mandated testing in accordance with federal and state law.

To be considered please apply at http://www.omniplex.com/careeropps.cfm.

EOE M/F/D/V 

There are many rumors circulating about the "new law" addressing contractors.  The law is not "new" but a bill signed by the Governor of the State of California and sent to the Secretary of State.  For many years the AFCIA has reminded contract investigators that if you are treated like an employee, then you are.  Note that if a contract company offers you a deal to become something other than a contract investigator to skirt around a law, they are in violation of that law - and so are you.  During many discussions at meetings and conferences, most agree that California is the most stringent state to impose this law. 

Those who don't reside in the State of California shouldn't exempt themselves from learning about this labor law as it applies to all states to varying degrees. 

Some of the requirements mandated by the Internal Revenue Service and the US Department of Labor to identify if an independent contractor is classified correctly are.  In part the IRS defines an independent contractor as:

“... The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done.”  ... “You are not an independent contractor if you perform services that can be controlled by an employer (what will be done and how it will be done). This applies even if you are given freedom of action. What matters is that the employer has the legal right to control the details of how the services are performed.” ... “If an employer-employee relationship exists (regardless of what the relationship is called), you are not an independent contractor and your earnings are generally not subject to Medicare and Social Security Taxes for Self-Employed.”  

If you think about some of the contracts that you work with contract companies some operational mandates are imposed so you will remain an independent contractor.  Examples:

If an agency or company allows you to go onto their secured website and you choose what assignments you take or the company calls you and asks to take an assignment – contractor.

If an agency or company mandates that you “check-in” at a specific time or place – employee.

If an agency or company pays you for the hours that you work – contractor. 

If an agency or company must pay you over time for the hours you work (to include travel) – employee.    

These examples are not all inclusive.  These are just examples to get you thinking of how your relationship may be defined with your payer. 

The California bill discussed:

 Senate Bill No. 459
CHAPTER 706
An act to add Sections 226.8 and 2753 to the Labor Code, relating to employment.

legislative counsel's digest

SB 459, Corbett. Employment: independent contractors.

Existing law prescribes comprehensive requirements relating to minimum wages, overtime compensation, and standards for working conditions for the protection of employees applicable to an employment relationship. This bill would prohibit willful misclassification, as defined, of individuals as independent contractors. The bill also would prohibit charging individuals who have been mischaracterized as independent contractors a fee or making deductions from compensation, as specified, where those acts would have violated the law if the individuals had not been mischaracterized. The bill would authorize the Labor and Workforce Development Agency to assess specified civil penalties from, and would require the agency to take other specified disciplinary actions against, persons or employers violating these prohibitions. It would also require the agency to notify the Contractors' State License Board of a violator that is a licensed contractor, and require the board to initiate an action against the licensee. The bill would authorize an individual to file a complaint, as specified, to request the Labor Commissioner to issue a determination that a person or employer has violated these prohibitions with regard to the individual filing the complaint.

The bill would authorize the Labor Commissioner to assess civil and liquidated damages against a person or employer based on a determination that the person or employer has violated these prohibitions.

This bill would provide that a person who, for money or other valuable consideration, knowingly advises an employer to treat an individual as an independent contractor to avoid employee status for the individual shall be jointly and severally liable with the employer if the individual is not found to be an independent contractor. This bill would exempt from the provisions regarding joint and several liability a person who provides advice to his or
her employer or an attorney who provides legal advice in the course of practicing law.
The people of the State of California do enact as follows:

SECTION 1. Section 226.8 is added to the Labor Code, to read:
92
226.8. (a) It is unlawful for any person or employer to engage in any
of the following activities:
(1) Willful misclassification of an individual as an independent contractor.
(2) Charging an individual who has been willfully misclassified as an
independent contractor a fee, or making any deductions from compensation,
for any purpose, including for goods, materials, space rental, services,
government licenses, repairs, equipment maintenance, or fines arising from
the individual's employment where any of the acts described in this
paragraph would have violated the law if the individual had not been
misclassified.
(b) If the Labor and Workforce Development Agency or a court issues
a determination that a person or employer has engaged in any of the
enumerated violations of subdivision (a), the person or employer shall be
subject to a civil penalty of not less than five thousand dollars ($5,000) and
not more than fifteen thousand dollars ($15,000) for each violation, in
addition to any other penalties or fines permitted by law.
(c) If the Labor and Workforce Development Agency or a court issues
a determination that a person or employer has engaged in any of the
enumerated violations of subdivision (a) and the person or employer has
engaged in or is engaging in a pattern or practice of these violations, the
person or employer shall be subject to a civil penalty of not less than ten
thousand dollars ($10,000) and not more than twenty-five thousand dollars
($25,000) for each violation, in addition to any other penalties or fines
permitted by law.
(d) (1) If the Labor and Workforce Development Agency or a court
issues a determination that a person or employer that is a licensed contractor
pursuant to the Contractors' State License Law has violated subdivision (a),
the agency, in addition to any other remedy that has been ordered, shall
transmit a certified copy of the order to the Contractors' State License Board.
(2) The registrar of the Contractors' State License Board shall initiate
disciplinary action against a licensee within 30 days of receiving a certified
copy of an agency or court order that resulted in disbarment pursuant to
paragraph (1).
(e) If the Labor and Workforce Development Agency or a court issues
a determination that a person or employer has violated subdivision (a), the
agency or court, in addition to any other remedy that has been ordered, shall
order the person or employer to display prominently on its Internet Web
site, in an area which is accessible to all employees and the general public,
or, if the person or employer does not have an Internet Web site, to display
prominently in an area that is accessible to all employees and the general
public at each location where a violation of subdivision (a) occurred, a notice
that sets forth all of the following:
(1) That the Labor and Workforce Development Agency or a court, as
applicable, has found that the person or employer has committed a serious
violation of the law by engaging in the willful misclassification of
employees.
92
Ch. 706 — 2 —
(2) That the person or employer has changed its business practices in
order to avoid committing further violations of this section.
(3) That any employee who believes that he or she is being misclassified
as an independent contractor may contact the Labor and Workforce
Development Agency. The notice shall include the mailing address, e-mail
address, and telephone number of the agency.
(4) That the notice is being posted pursuant to a state order.
(f) In addition to including the information specified in subdivision (e),
a person or employer also shall satisfy the following requirements in
preparing the notice:
(1) An officer shall sign the notice.
(2) It shall post the notice for one year commencing with the date of the
final decision and order.
(g) (1) In accordance with the procedures specified in Sections 98 to
98.2, inclusive, the Labor Commissioner may issue a determination that a
person or employer has violated subdivision (a).
(2) If, upon inspection or investigation, the Labor Commissioner
determines that a person or employer has violated subdivision (a), the Labor
Commissioner may issue a citation to assess damages set forth in
subdivisions (b) and (c) in addition to any other penalties or damages that
are otherwise available at law. The procedures for issuing, contesting, and
enforcing judgments shall be the same as those set forth in Section 1197.1.
(3) The Labor Commissioner may enforce this section pursuant to Section
98 or in a civil suit.
(h) Any administrative or civil penalty pursuant to subdivision (b) or (c)
or disciplinary action pursuant to subdivision (d) or (e) shall remain in effect
against any successor corporation, owner, or business entity that satisfies
both of the following:
(1) Has one or more of the same principals or officers as the person or
employer subject to the penalty or action.
(2) Is engaged in the same or a similar business as the person or employer
subject to the penalty or action.
(i) For purposes of this section, the following definitions apply:
(1) "Determination" means an order, decision, award, or citation issued
by an agency or a court of competent jurisdiction for which the time to
appeal has expired and for which no appeal is pending.
(2) "Labor and Workforce Development Agency" means the Labor and
Workforce Development Agency or any of its departments, divisions,
commissions, boards, or agencies.
(3) "Officer" means the chief executive officer, president, any vice
president in charge of a principal business unit, division, or function, or any
other officer of the corporation who performs a policymaking function. If
the employer is a partnership, "officer" means a partner. If the employer is
a sole proprietor, "officer" means the owner.
(4) "Willful misclassification" means avoiding employee status for an
individual by voluntarily and knowingly misclassifying that individual as
an independent contractor.
92
— 3 — Ch. 706
(j) Nothing in this section is intended to limit any rights or remedies
otherwise available at law.
SEC. 2. Section 2753 is added to the Labor Code, to read:
2753. (a) A person who, for money or other valuable consideration,
knowingly advises an employer to treat an individual as an independent
contractor to avoid employee status for that individual shall be jointly and
severally liable with the employer if the individual is found not to be an
independent contractor.
(b) This section does not apply to the following persons:
(1) A person who provides advice to his or her employer.
(2) An attorney authorized to practice law in California or another United
States jurisdiction who provides legal advice in the course of the practice
of law.