Here’s a common Independent Contractor compliance question that I’m hearing more often from client companies: Why does the consultant being dependent on a single client make him look more like an employee? A factor that has picked up more importance in the past decade when looking at worker classification is the long term exclusivity of [...]
Consultants: Do you insist on being treated as an independent contractor even when confronted with evidence that suggests you look more like an employee? This is a common occurrence in the field. In my role as Director of Compliance for Collabrus I’m an expert advisor to client companies that regularly utilize contingent workers to get [...]
Determining if someone is an employee or an independent contractor (IC), under common law is one of the most complex and underestimated areas of law in the United States. There are several reasons for this. Different jurisdictions view the same facts with different purposes, or for different applications, which can result in different conclusions. For [...]
What’s wrong with saying, “He’s a 1099″ or “She’s a W-2?” How many times have you’ve been in a business meeting and heard someone say something like, “Oh, he’s a 1099, so we don’t need to worry about his taxes…” or “We’re going to 1099 this person…” It’s used as a convenient colloquialism, but once [...]
In a report issued last year, the U.S. Treasury Department’s Inspector General bureaucratically criticized the IRS, saying that the misclassification of employees as independent contractors is a nationwide issue affecting millions of workers that continues to grow and contribute to the federal tax gap.* The report said, “The IRS…does not have an agency-wide employment [...]
If you search the web you’ll find no shortage of news stories about how the economy is beginning to pick up, albeit slowly, and that many businesses who had downsized last year are beginning to replenish their labor force. For example: CareerBuilder/USA Today surveyed 2,924 hiring managers and reported 26% of employers have already started [...]
As long ago as November 2008, I was predicting a crack down on Independent Contractor Compliance, and the broader issue of rampant worker misclassification. Obama Wins-Tax Loopholes Will Tighten Then in February 2009, I predicted there was a storm on the horizon-An IC Compliance Storm. The Perfect IC Compliance Storm is on the Horizon Almost [...]
California’s lawsuit climate is one of the worst in the nation, joining Alabama, Louisiana and West Virginia, according to a U.S. Chamber Institute for Legal Reform report released last week. This conclusion was based upon an annual survey asking 1,482 U.S. corporate lawyers, who represent companies with at least $100 million in revenue, to rank [...]
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