Here’s one of the tests. Notice vacation is explicitly called out.
> Are there written contracts or employee type benefits (i.e. pension plan, insurance, vacation). Will the relationship continue and is the work performed a key aspect of the business?
Your employer is clearly treating you like an employee while paying you like a contractor. This kind of thing is common. But the more US jobs get outsourced like this, the more likely it is that people will notice and demand enforcement actions.
And how or who would enforce this for me, who is an Estonian citizen, Argentinian resident, and operates from under a USA based LLC as a non-resident USA company owner, working mostly for European start-ups? Which country would do the enforcing in this case?
Companies already report how much they pay contractors to the IRS and state tax agencies, so spot checking companies paying a large percentage of their total wages to contractors is the easiest way to do it.
If you’re being paid by any American companies, the most likely theoretical enforcement would be the state the company is based in.