Page 27 - 2023 - 50.1

From the Archives – No. 1 - 1983 (40 years ago) employer’s time. The moonlighter hasn’t any reservations about
competing with his own employer or other reputable surveyors
Moonlighting. . . and thus is degrading the surveying profession as a whole. He is
biting the hand that feeds him and apparently doesn’t give a damn.
A Cancer To Our It is common practice for those performing the act of moonlighting
to operate within the underground economy. The moonlighter
Profession and his illustrious cohorts collect their fees in cash and distribute
it among themselves. They in turn, do not declare this cash
By: Michael N. Myer, RL.S. income on their income taxes. This is better known as Income Tax
Evasion and results in a felony if and when convicted. Needless
The act of moonlighting, unfortunately, is all encompassing. It to say, a felony conviction further results in the automatic loss
affects both the public and private sectors practicing surveying, of the moonlighter’s privilege to be registered as a land surveyor.
Moonlighting is not a laughing matter, yet some are so bold they Unfortunately, this aspect does not affect the moonlighter that is
actually brag about their endeavors. Greed, a primitive instinct, is not a Registered Land Surveyor. The Internal Revenue Service
their motivation for this unethical behavior. offers a substantial finder’s fee for anyone reporting their
knowledge of someone evading their taxes. However, all the IRS
The employers of these moonlighting individuals are to blame as would have to do is review the maps so proudly recorded by the
much as anyone. They look the other way instead of moonlighters!! A third method used by the I.R.S would be the audit
formulating and enforcing a policy prohibiting moonlighting. This of a moonlighter’s client. The client will have declared the expense
is a poor reflection on the management capabilities of these of the surveying fee but the moonlighter, upon being subsequently
employers. audited, hasn’t any record of said income.
Many moonlighters believe they are providing a service to their Upon becoming a Registered Land Surveyor, a person has received
client, when in fact, they are actually providing a disservice to that the privilege to practice the art of land surveying and is expected
layperson. The image of the surveyor as observed by the client is not to abuse that privilege. He is entitled to offer his services and
one of the saddest aspects of moonlighting. Just imagine what required to protect the safety, health and welfare of the public. He
you would think of a doctor that offered to moonlight open-heart should pursue his livelihood in a professional and business-like
surgery on your child in his garage!! The moonlighter’s price is cut- manner. It is only a matter of time until a moonlighter’s client is
rate in comparison to a reputable surveyor. The moonlighter claims served an irreparable harm. On the witness stand, the moonlighter
that the poor property owner can’t afford to retain the services will be a total discredit to himself and the entire surveying
of a reputable surveyor, however, surveying fees are negligible community. Once the attorney discovers that the surveying
in comparison to the costs of the property of the profits derived services were performed by a moonlighter he will commence his
from its sale. Another dis-service moonlighter perform for their examination and leave no stone unturned.
unsuspecting client is lack of financial backing in case of a lawsuit.
A reputable surveying company will have tangible assets and In closing, if we do not strive to regulate those within our ranks,
usually liability insurance to protect itself and the client s interest. the government will have cause to intervene to protect the public.
The moonlighter is also literally using people to perform his field
work and drafting needs. He usually pays these people in cash
equivalent to twice or more the normal hourly rates. Meanwhile,
if his client refuses to pay, these moonlighting employees are
not compensated either. While the moonlighter receives the
lion’s share of the compensation, the moonlighting employees
are satisfied with their mere cash income. The moonlighter is
not paying any benefits on his moonlighting employees, and
these benefits for a reputable employer amounts to a substantial
sum. Benefits such as hospitalization, Social Security (F.I.C.A.),
Nevada Unemployment Commission (N.U.C.) Nevada Industrial
Commission (N.I.C.) Federal Unemployment Insurance (F.U.C.),
vacations, holidays, sick leave and any bonafide retirement
program cost the reputable employer about 37% of the employee’s
base pay. The moonlighter and his moonlighting employees
take the risks of an uninsured injury rather lightly, however,
the costs of a hospital stay would make them think twice
before moonlighting again.
Moonlighting produces unfair competition for the small firm that
uses surveying as its only source of income. The moonlighter’s
fee generally ranges from a half to a third of what a reputable
firm has to charge. The moonlighter has a distinct advantage in
that his overhead is practically nonexistent. The costs associated
with office space, utilities, interest on business loans, accounts
receivable and business license fees are an unknown commodity
to the moonlighter. Often times his equipment and supplies are
pirated from his full-time employer and the work performed on his

The Nevada Traverse Vol.50, No.1, 2023 25