Josh Mandryk examines how employers attempt to avoid employment standards legislation by
classifying employees as «unpaid interns» or «volunteers».
If you improperly
classify an employee as a contractor, you could face a significant penalty.
Public policy experts have long identified
classified employees as a potential source of new teachers because many already have some post-secondary training and many also have shown a commitment to serving children.
Some employers deliberately
classify employees as 1099 workers to avoid paying payroll taxes, health insurance premiums, and other benefits, which is a clear violation of the law and constitutes fraud.
The reason employers
classify employees as contractors is to avoid payroll taxes (which the IRS gets through Bob's S - Corp, so it doesn't care) and providing benefits (that is Bob's problem, not the IRS).
An employer may also attempt to
classify an employee as an independent contractor when they are actually a regular employee covered under state and federal labor laws.
For instance, an employer may
classify an employee as a supervisor for the sole purpose of not having to pay overtime, when the employee actually performs only minor duties (or even none) that would be considered managerial duties.
Learn how the Dept. of Labor's new Overtime Rule may impact the ability to continue to
classify employees as exempt, and how to prepare for it.
Provided these employees meet the Salary Basis Test and the Duties Test for such exemptions, an employer may continue to
classify these employees as exempt as long as such employee meets the Final Rule's new minimum salary level test.
In light of the Final Rule, employers should use the next several months to assess how to properly
classify employees as of the Effective Date.
Learn how the Department of Labor's new Overtime Rule may impact the ability to continue to
classify employees as exempt, and how to prepare for the December 1, 2016 effective date.
Not exact matches
Companies such
as Uber and Instacart stand to save a ton of money on labor costs — up to 40 percent, according to one study — by continuing to
classify their workers
as independent contractors rather than
as employees.
Ultimately, the news from Microsoft may also have a substantial side effect: forcing an increasing number of companies to take a second look to ensure they are correctly
classifying temporary workers, either
as W - 2
employees or independent contractors.
Last week, California's Labor Commission ruled that Uber drivers should be
classified as independent
employees, not
as contractors.
Millions of Americans now
classify themselves
as remote workers, and both employers and
employees are benefiting from these relationships.
Drivers for both companies are currently
classified as contractors, but the ones who have brought lawsuits against both companies contend they're misclassified and should actually be considered W - 2
employees, a status that would grant more workplace protections.
Controversy over whether drivers for the ride - hailing services should
classify drivers
as employees or contractors has been a thorn in the startups» sides elsewhere in the country
as well, spurring debate in the press and sometimes leading to lawsuits.
Never has the U.S. government been more interested in whether a worker is properly
classified as an independent contractor or W - 2
employee as right now.
Their concern is that many businesses
classify workers
as independent contractors when they're actually
employees.
Caution should be exercised when
classifying virtual
employees as independent contractors.
As you know, when a worker is classified as an employee, the IRS receives both the employer and employee portion of payroll taxes directly through the payroll tax withholding syste
As you know, when a worker is
classified as an employee, the IRS receives both the employer and employee portion of payroll taxes directly through the payroll tax withholding syste
as an
employee, the IRS receives both the employer and
employee portion of payroll taxes directly through the payroll tax withholding system.
Work with your CPA or tax professional to figure out if being paid
as a 1099
employee, being
classified as a freelancer, or doing work on a contract by contract basis will work best for you.
As Weil pointed out, businesses often classify workers as contractors on purpose in order to avoid paying unemployment insurance and overtime (both are required for those classified as fulltime employees
As Weil pointed out, businesses often
classify workers
as contractors on purpose in order to avoid paying unemployment insurance and overtime (both are required for those classified as fulltime employees
as contractors on purpose in order to avoid paying unemployment insurance and overtime (both are required for those
classified as fulltime employees
as fulltime
employees).
Because of this, they may have more latitude to
classify workers
as freelancers who might otherwise be categorically
employees (and therefore avoid certain employment expenses).
As the July 2015 guideline asserted, most people classified as contractors should be classified as fulltime employee
As the July 2015 guideline asserted, most people
classified as contractors should be classified as fulltime employee
as contractors should be
classified as fulltime employee
as fulltime
employees.
Earlier this summer, Clinton gave a speech that was widely interpreted
as a warning shot against companies that
classify their workers
as 1099 contractors to avoid paying Social Security taxes and other costs associated with W - 2
employees.
Luxe Valet, an on - demand parking service, will be making the switch from hiring independent contractors to
classifying its valets
as employees with benefits, according to the Wall Street Journal.
This is the latest development in the fight for drivers of ridesharing apps to be
classified as employees rather than independent contractors.
In fact, in the late 1990s the widespread availability of so much detailed financial data led the SEC to
classify all of the company's 6,500
employees as «insiders,» according to a 1996 story by Fast Company.
However, the ruling to
classify a San Francisco - based driver
as an
employee instead of an independent contractor could potentially change how sharing - economy companies operate.
When a peer - to - peer startup is forced to
classify workers
as employees, not contractors, what are the implications?
«However, the aggregate increase in labor cost is lower because
classifying team members
as employees improves retention and enables us to train them, increasing their efficiency,» Munchery's VP of operations, Kris Fredrickson told Business Insider in July.
NFIB spokesman Kevin Kuhlman explains that seasonal
employees count toward a business's number of «full - time equivalent» workers, which might help
classify an employer
as «large» and potentially subject to penalties.
When a company
classifies a worker
as a contractor rather than
as an
employee, it avoids paying unemployment, Social Security, and Medicare taxes.
One had the title «interactive product manager,» the same
as several other managers who were
classified as employees.
«Someone could be
classified as an
employee under one law and a contractor under another,» says Lawrence McGoldrick, a labor attorney with the Atlanta office of law firm Fisher & Phillips.
Florida officials made a similar ruling in May, while courts in five other states
classified drivers
as contract
employees.
Meanwhile, just last month the New York State Department of Labor announced that it had awarded unemployment benefits to two Uber drivers after finding that they were actually
employees rather than independent workers,
as all drivers who use the platform to find customers are
classified.
The DOL's former head of wage enforcement, David Weil, recently suggested that weighing whether gig economy workers should be
classified as employees or independent contractors is not so different than making the same determination for workers at brick - and - mortar businesses.84 Existing legal tests to determine whether a worker is an
employee or an independent contractor are multifactor, fact - based exercises based on the level of control a company exerts over the workers in question.
The state's highest court made it much harder for companies like Uber to
classify workers
as contractors rather than
employees.
In a blow to independent contractors for transportation companies seeking to be
classified as employees of the firms they work with, a federal district judge in Massachusetts ruled the state's independent - contractor law failed to override a 1994 federal statute pre-empting state regulation of a motor carrier's rates, routes and services.
According to the U.S. Census Bureau, 99.7 % of American businesses are
classified as small — consisting of 500 or fewer
employees.
In a ruling that fuels a long - simmering debate over some of Silicon Valley's fastest - growing technology companies and the work they are creating, the California Labor Commissioner's Office said that a driver for the ride - hailing service Uber should be
classified as an
employee, not an independent contractor.
If the courts find they have been misclassified by Handy and should have been
classified as employees, Handy will face substantial fines and penalties.
The issue of whether startups should
classify their workers
as employees has come to the fore in recent months.
Uber cuts prices relentlessly and has fought tooth and nail in court to avoid
classifying its drivers
as employees, a status that confers both minimum - wage protection and benefits.
The plaintiffs claimed Ecolab wrongfully
classified exterminators
as exempt
employees, making them ineligible for overtime pay.
The basis of the suit against Handy is the folks filing the suit claim they should be
classified as employees, while the company claims they are independent contractors.
The company had already been facing growth and revenue challenges, but CEO Adora Cheung said the «deciding factor» was the four lawsuits it was fighting over whether its workers should be
classified as employees or contractors.
This is especially true for workers with non-trivial amounts of unreimbursed business expenses (although the amount of a worker's unreimbursed expenses may decline if the worker is
classified as an
employee because California Labor Code 2802 generally requires employers to reimburse significant business expenses of
employees).