12 minute read

Community Work in the Time of COVID-19

By Morgan Marks

This past spring was when Montana began to feel the full impact of COVID-19, and many communities chose to be resilient and opted to work together to face hard, unknown, and unprecedented times. The impact of the virus continues to be felt statewide as people work to stay vigilant and businesses work to be innovative in an uncertain time. Here are a few stories lined with silver linings that have come out of a challenging time:

Palmer Electric Technology Energy Services (PETE’s Electric)

LOCATION

WEBSITE

PHONE Missoula, Montana

www.peteselec.com 406.543.3086

Eric Peterson, president and owner of PETE’s Electric, shared his memories and what PETE’s experienced this past March when COVID-19 shut everything down. He said PETE’s “hopped on the PPP loans” (Paycheck Protection Program) so that they could keep their people working and in doing so, work to benefit the community. By giving back, which was a decision that Peterson and his wife made together, PETE’s would be helping to keep the economy going. Harvey’s Plumbing and Heating rose to the challenge to meet an immediate need for metal nose pieces for masks to support WestPaw, a business that typically makes and sells items that dogs love, such as durable dog beds and dog treats. WestPaw pivoted and instead of utilizing their sewing machines to support people’s furry friends, they dove into the business of making masks.

WestPaw was having a difficult time finding a supplier in the U.S. to supply them with the metal nose pieces for their masks. Outreaching to solve this challenge, Justin Watterson, the Purchasing Manager at WestPaw, reached out to Harvey’s Plumbing and Heating, another local business in Bozeman, and asked if Harvey’s Plumbing

PETE’s offered free labor for electrical work, which supported non-profit organization’s budgets to stretch further in a time of great uncertainty. Most of the work revolved around safety, which PETE’s was happy to donate the labor to support because it was crucial work. The non-profit organizations only had to pay for material expenses.

PETE’s helped approximately 15 smallscale non-profit organizations in Missoula from the end of April through June, with the most publicized being PETE’s support of the YWCA Missoula. An estimated $18,000 was spent at the YWCA Missoula. More than 1,100 non-emergency fluorescent light bulbs were replaced with LED bulbs which are far more environmentally friendly and efficient. Peterson explained that work such as retrofitting LED lamps has and Heating could supply them with metal nose pieces. The only other option would have been to order the metal nose pieces in bulk from China, but given the circumstances and context of COVID-19, Harvey’s Plumbing and Heating shared that WestPaw preferred to source the metal nose pieces nationally, and even more ideal, locally.

As of June, Harvey’s Plumbing and Heating has made 7,800 and they’re expecting that they will need a total of 20,000 for the rest of this year. Harvey’s Plumbing and Heating remains ready and in anticipation of receiving the purchase order for the additional 12,200 metal nose pieces when WestPaw starts to run low.

Harvey’s Plumbing and Heating was able to keep costs down for WestPaw on the metal nose pieces because to make them requires no special processes, and they can make them in bulk by cutting multiple quantities at once. Harvey’s Plumbing and Heating was able to give WestPaw a quantity break discount, sharing that “not extensive energy savings. Not only will the YWCA Missoula save money on their utility bills, which should be about 1/3 of the normal cost, but NorthWestern Energy also offers energy rebates for LED lamps in commercial spaces which the YWCA Missoula will be able to take advantage of.

The donation of labor made PETE’s employees “feel good,” shared Peterson. “It gave them focus during a down time and reenergized them.” PETE’s donated an estimated $25,000 in free labor from the months of April to June. Non-profit organizations will be able to put the money they would have otherwise spent on electrical work into other areas of their work. The impact of such a donation will have lasting impacts that will surely be felt

Harvey’s Plumbing and Heating

LOCATION

WEBSITE

PHONE Bozeman, Montana

www.harveysph.com 406.587.4669

long after COVID-19. only because of the size and simplicity of them, but we are able to cut multiple quantities at once and there is no added deburr time or any other special processes so I was able to keep costs down. They are not as cheap as the Chinese made ones but given the convenience of our location and the time constraints, they were under they did not mind paying a few cents more per piece.”

WestPaw is making masks and then purchases of the masks go towards ongoing mask donations to local community organizations in need of masks. Through connections made and businesses being purposeful about working together instead of sourcing materials elsewhere, metal nose pieces are being made to support the creation of masks. Both necessary pandemic items, metal nose pieces and masks, are being made in Montana by local companies to support local people, and in the process, give back to those in need of masks.

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MYTHS & MISCONCEPTIONS: Independent Contractors in the Montana Construction Industry

Montana’s Independent Contractor program provides a conclusive presumption that an Independent Contractor Exemption Certificate

(ICEC) holder is an independent contractor (IC). This means the IC is engaged in an independently established trade, occupation, profession, or business. It also indicates the IC is required to remain free from control and direction of hiring agents over the performance of the service contracted.

This article is intended to highlight some of the most common misconceptions about independent contractors in the building industry both from the perspective of the contractor and the hiring agent.

MYTH: A HIRING AGENT CAN DIRECT AN IC’S DAILY ACTIVITIES INCLUDING HOW AND WHEN THE WORK MUST BE COMPLETED.

Generally, an IC is free from control and the hiring agent only has input on the end product. A situation where the hiring agent is dictating the specifics of how the work is to be accomplished and redirecting the worker as needed would not meet the requirements of the law to be free from control.

MYTH: AN IC DOES NOT NEED TO SUPPLY THEIR OWN EQUIPMENT AND/ OR SUPPLIES TO COMPLETE CONTRACTED WORK.

If a hiring agent is supplying equipment or materials needed to complete the work, the relationship might not be that of a valid contractor. An IC will generally use their own equipment and may also include the cost of supplies or materials needed to the overall price of the project. If a hiring agent supplies some materials, that does not automatically change the work relationship.

MYTH: PAYMENTS MADE TO AN IC BY THE HOUR, DAY, OR WEEK DO NOT MATTER IF THE IC RECEIVES A 1099 AT THE END OF THE YEAR.

Employees are generally compensated for time worked, whereas an independent contractor is paid (usually through an invoice or other billing means) to complete a specific task or project.

MYTH: PAYMENTS MADE TO AN IC BY THE HOUR, DAY, OR WEEK DO NOT MATTER IF THE IC RECEIVES A 1099 AT THE END OF THE YEAR.

If an injury occurs on the job, the hiring agent’s workers compensation policy will probably be financially liable if the IC did not have a policy covering their workers.

As stated previously, this is not a complete list of misconceptions related to the hiring agent and IC relationship. It is imperative for any hiring agent or IC to have a written agreement with the expectations of the job or service to be completed. Additionally, each party should ensure the IC provides his/her own equipment, the necessary materials to complete the work contracted, sets their own work schedule and invoices the company for payment. Finally, the agreement should provide for liability if either party terminates the contract before it is completed.

Visit the Department of Labor & Industry’s website at http://erd.dli.mt.gov/work-comp-regulations/montana-contractor for additional information and resources.

This web address also allows for a search of IC’s. If someone you are hiring is not listed on the website, they do not have a valid ICEC and would probably be considered your employee. For questions about the related program for registered Construction Contractors, please call (406) 444-6543.