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Onerous Regulations

 
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Old 03-18-2012, 10:01 AM   #1
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Onerous Regulations


I'm not sure if this should be posted here, or in the business section, or??? Mods, feel free to move if necessary.

I understand the need for regulation in industry in general, but lately things seem to have become excessive. Recently I was contacted to be audited by the SC Labor dept. They want to make sure my employees are legal. I get the need for this, and ironically I'm one of the few in this area that has never gone the illegal labor route. However, they would like to require me to run all new hires through the fed E-verify system. If you've never read the DHS agreement on the front page of E-verify, you should. It's rather eye opening.

Another requirement by the Labor dept. is that this processing be completed in three business days. Hah! Have you ever heard of a gov. agency getting anything done themselves in that kind of time range?

In August of last year, the SC DOT started requiring all commercial vehicles over 10,000 lb. GVW or GCVW to run a SCDOT#. This was already the case with the USDOT if you traveled out of state to work. This 10,000 lb. limit would include any dually truck, any truck pulling a trailer, and quite a few other vehicles that were previously unregulated. The paperwork burden for this is not small.

There are other examples out there that I won't go into. My point to all this is that the side effect of all this (or maybe the purpose) is that the small contractor ends up with not enough time in the day to be in compliance. The more regulatory burden added the bigger the advantage to the large business that can maintain an office staff to handle the bureaucracy.

I am probably a typical craftsman turned specialty contractor. I am a business man by necessity rather than inclination. I wonder if the time will come when the enjoyment of doing what I love everyday is overwhelmed by the pain of doing what I don't, and I just close shop 'cause it's not worth it anymore.
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Old 03-18-2012, 10:05 AM   #2
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Re: Onerous Regulations


whats the alternative?

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Old 03-18-2012, 10:11 AM   #3
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Re: Onerous Regulations


I dunno, maybe just run illegal? The last DOT cop that pulled me over indicated that that may be my best option in regards to that issue. I'm definitely going to check on the penalties with dept. of labor thing. If they want to investigate, they are more than welcome. I'd rather the burden was on them anyway. I know I'm legit.
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Old 03-18-2012, 12:01 PM   #4
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Re: Onerous Regulations


I would guess that the big guys got big before all this BS, now these regs make it tough for a mid sized guy to get over the hurdle and be big. I am not saying that it is designed to keep you down.

But the big guys can more afford the regulations, the little guys could care less about the regulations, and there you are. You are fighting to pay your way to be in compliance like the big guys, all the while competing against the little guys and their lower overhead.

Without capital and commitment, this is a tough place to be. I do not think that going backwards and being illegal is the way to go. Just keep battling, and keep in mind that these regs are going to make it tough for the little guys to get to where you are.

Good Luck!
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Old 03-18-2012, 12:43 PM   #5
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Re: Onerous Regulations


are you running a lettered truck?

years ago when I had a different business, we had to fax basic new hire info to the state which used this in an attempt (as far as I understood) to find those not paying child support.
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Old 03-18-2012, 01:42 PM   #6
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Re: Onerous Regulations


Best way to promote big labor and large unions is to put lots of burdensome regulations out there that a larger business with secretaries and such have the manpower to go through the processes it takes to comply but the little guy needs to work 20 hours a day to do actual work and then the complicated paperwork to comply with the onerous regulations.
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Old 03-18-2012, 01:53 PM   #7
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Re: Onerous Regulations


Indeed, one aspect of regulations is to favor big business.

However, there would be less demand for regulations if people were not misbehaving by ignoring problems and failing to be properly informed.

The sparce enforcement of many regulations also creates a situation which is unequal treatment under the law, so should be subject to a constitutional challenge. For a very long time, going back to prohibition, the lawmakers have tried to just throw new laws or regulations out there and think their job was done. It is wrong for just a few unfortunates who are caught to suffer, sometimes greatly, while there is widespread ignoring of the law or regulation by most others.
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Old 03-18-2012, 02:22 PM   #8
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Re: Onerous Regulations


I am a rule breaker, but I don't speed....
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Old 03-18-2012, 03:10 PM   #9
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Re: Onerous Regulations


you usually don't go more than 400 ft from your house either
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Old 03-18-2012, 07:53 PM   #10
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Re: Onerous Regulations


Stupid ankle bracelet.
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Old 03-18-2012, 09:56 PM   #11
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Re: Onerous Regulations


Quote:
Originally Posted by artisanstone View Post
I'm not sure if this should be posted here, or in the business section, or??? Mods, feel free to move if necessary.

I understand the need for regulation in industry in general, but lately things seem to have become excessive. Recently I was contacted to be audited by the SC Labor dept. They want to make sure my employees are legal. I get the need for this, and ironically I'm one of the few in this area that has never gone the illegal labor route. However, they would like to require me to run all new hires through the fed E-verify system. If you've never read the DHS agreement on the front page of E-verify, you should. It's rather eye opening.

Another requirement by the Labor dept. is that this processing be completed in three business days. Hah! Have you ever heard of a gov. agency getting anything done themselves in that kind of time range?

In August of last year, the SC DOT started requiring all commercial vehicles over 10,000 lb. GVW or GCVW to run a SCDOT#. This was already the case with the USDOT if you traveled out of state to work. This 10,000 lb. limit would include any dually truck, any truck pulling a trailer, and quite a few other vehicles that were previously unregulated. The paperwork burden for this is not small.

There are other examples out there that I won't go into. My point to all this is that the side effect of all this (or maybe the purpose) is that the small contractor ends up with not enough time in the day to be in compliance. The more regulatory burden added the bigger the advantage to the large business that can maintain an office staff to handle the bureaucracy.

I am probably a typical craftsman turned specialty contractor. I am a business man by necessity rather than inclination. I wonder if the time will come when the enjoyment of doing what I love everyday is overwhelmed by the pain of doing what I don't, and I just close shop 'cause it's not worth it anymore.
Yeah maybe one day Canada and the US will venture away form communism and become democratic nations.
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Old 03-18-2012, 10:03 PM   #12
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Re: Onerous Regulations


Kalifornia is democratic, the rest of the country is a republic.
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Old 03-19-2012, 12:57 AM   #13
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Re: Onerous Regulations


Quote:
Originally Posted by Pearce Services View Post
I would guess that the big guys got big before all this BS, now these regs make it tough for a mid sized guy to get over the hurdle and be big. I am not saying that it is designed to keep you down.
I think a lot of us are almost forced to work with some form of non-compliance on some minor things from time to time when we first start out. I'd be willing to wager that almost everyone on this forum at one time or another operated without a license, or didn't pull a permit when they should have.

To the OP:

I'm just starting out trying to build something and am trying my best to keep up with it all (taking my licensing exam tomorrow actually), but I'm sure there are things that I'm ignorant of that I'll find out about along the way. Either way, regardless of what the government says, non-compliance doesn't make someone a hack necessarily in my eyes.

Take the EPA RRP rule that came along a few years back. It's just one of a hundred things like that which are mandatory and can be business-breakers. Hell, I know many of the larger companies in town don't comply with some of that stuff either because it's unrealistic utopic bureaucratic feel-good legislation, or it's rarely if ever enforced.

Now is ignoring the law the right thing to do? Of course not, but I feel your pain. It's a shame that enforcement isn't better, because it allows non-compliant contractors an edge price-wise. If you don't intend on paying licensing fees, insurance, taxes, workman's comp, health insurance (come 2014), etc, then you can easily bid 25% below compliant competition.

And in the end, would we want to live in a society where contractors weren't held accountable like every other profession? Restaurants, doctor's offices, law firms, accounting firms, etc. They all have various regulations within which they have to operate, just like us. That said, I wish that they'd focus on the essentials rather than sitting down every few months and saying, "Hey, these regs sure sound good." despite how unrealistic they are.
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Old 03-19-2012, 06:48 AM   #14
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Re: Onerous Regulations


SC huh? One of the reddest of the red states. All the whooting and hollering about hiring illegals on here and now we get complaining because a state gov't is doing something about the problem.

"Be careful what you wish for, you just might get it"
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Old 03-19-2012, 05:51 PM   #15
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Re: Onerous Regulations


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SC huh? One of the reddest of the red states. All the whooting and hollering about hiring illegals on here and now we get complaining because a state gov't is doing something about the problem.

"Be careful what you wish for, you just might get it"
Don't get me wrong, I'm all about a real solution to that particular problem. There are two problems with the approach the state has taken.
1. As far as I know, most of those employing illegals are either paying them cash or as "subcontractors". There's no way this state program is going to run across those folks.
2. Why should the cost of researching the legal status of employees come out of my pocket? Obviously approaches like shutting the border are not working, but they could aggressively investigate and pay for this by big, big, fines to violators. Basically, I've already been subsidizing others (those who cheat the system) by keeping prices high. Now they want me to subsidize the investigation/enforcement effort.

In addition: Another layer of bureaucracy/paperwork as the solution to a problem???
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Old 03-19-2012, 07:43 PM   #16
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Re: Onerous Regulations


Quote:
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2. Why should the cost of researching the legal status of employees come out of my pocket?
Think of it as a "User Fee". You're an employer, so you should subsidize the background checks of employees.
The gov't shouldn't be paying for it. Gov't spends too much money as it is.
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Old 03-19-2012, 07:50 PM   #17
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Re: Onerous Regulations


You do realize that ALL the money the gov has is the peoples? That in fact the gov has no money of their own. That it is all ours?
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Old 03-19-2012, 08:14 PM   #18
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Re: Onerous Regulations


Sure, I think I'll stop by the local IRS office and take some of it back.
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Old 03-19-2012, 08:18 PM   #19
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Re: Onerous Regulations


Let me know how that goes.
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Old 03-19-2012, 09:54 PM   #20
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Re: Onerous Regulations


Im for regulations just not if it cost me a dime .Im down for being on lists and such . Fed up with all these payments for ever little thing when gov needs doe $$$$$

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