Independent Contractor or Employee? The Basics

Sklover Working Wisdom

Ira didn’t see any difference between what he did and what the law firm’s associate attorneys did, and wondered why he was considered an “independent contractor,” and they were considered “employees,” and why he was not entitled to all of the benefits they were. These labels include “employee,” “partner,” “independent contractor,” “vendor” and the like. What is an independent contractor? On the other hand, independent contractors have certain advantages that employees do not.

Is Google Underpaying Women? What You Need to Know About Google v DOL


During a hearing the DOL requested that Google release detailed records of compensation and other related data. HR DOL federal contractors google pay gapOn April 7, the US Department of Labor alleged that Google was severely underpaying women and would be investigating the situation through legal proceedings. Google, obviously, was not pleased, especially since they only recently claimed to have closed the pay […] Source.

2017 52

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Is Your Small Business Breaking Labor Laws? 5 Mistakes to Avoid


But it’s still your responsibility to know which federal, state and local labor laws apply to you and to stay in compliance with them. Federal law doesn’t require you to give your employees meal or 15-minute breaks. Classifying Employees as Independent Contractors. Some small business owners think it’ll be easier and cheaper to classify their employees as independent contractors, so they don’t have to pay payroll taxes or cover benefits like disability and paid leave.

2019 109

Would You Give Your Employees All Your Money?

Water Cooler Wisdom

The company has retained an accountant and HR firm to vet its practices and ensure that it is operating according to state and federal employment laws. We may restrict the model to the core team at some point, but right now we’re experimenting with extending it to some of our independent contractors and it’s working well,” Sims says. “We   Attitude & Motivation Compensation Creativity & Innovation Culture Employment Trends Entrepreneurship Management

2012 52

Protect Yourself: Laws Every Employee Should Know

Career Alley

All jobs are either exempt or non-exempt, as decided by the federal government. Contractor Law. If you are paid as a contractor, the company you work for must treat you as one. If you are an employee, not a contractor, the law says you must be paid as one and receive the same benefits, such as vacation time and insurance, as other employees. Related posts: 4 Types of Compensation You May Be Owed from Your Company.

2013 215

Is Your Work Environment Safe?

Ms. Career Girl

The federal Occupational Safety and Health Administration (OSHA) employs about 2,100 inspectors to cover more than 8 million worksites around the country. Safety Works recommends looking through your records, OSHA logs, workers’ compensation reports and employee complaints to look for patterns of unsafe conditions or practices. Once you identify any potential hazards, you may want to bring in an inspector, contractor or other professional to fix the problem areas.

2017 100

Starting Your Own Company? Consider a Payroll Service

Ms. Career Girl

If you are starting your own business, and hiring employees or contractors, you may be tempted to do the payroll yourself. Even if you’re a small business, with fewer than 20 employees or contractors, you can still save money by outsourcing your payroll. When you start doing payroll, you take on a lot of tax liability, not just on the federal level, but the state level as well. When you hire a payroll company, they are responsible for all of the federal and state tax issues.

“What is Joint Employer Liability?” Many Workers Have Two Employers, But Don’t Know It

Sklover Working Wisdom

He was considered an “independent contractor” and earned $35 per hour for his efforts, without benefits. He was told “No,” as overtime pay was given only to “employees” and that he was an “independent contractor.”. But, somehow, they do not get unemployment insurance, Social Security benefits, or protected leaves of absence that all employees are entitled to under the federal Family Medical Leave Act. “I got a job working for a hostage negotiator.

2015 109

6 Ways HR Can Protect the Return on Social Media Investment


Work performed within regular business hours is typically compensated through wages or salary. Alternatively, the employer may set up an independent contractor relationship with the individual to work on the company’s Internet presence – but watch out, there are rules governing the contractor relationship and if you don’t comply, you could be in a world of trouble with the state or federal agency enforcing wage and hour laws or even the IRS.

How to Align Cloud Tech to Elevate HR’s Strategic Business


I outsource housework to my housekeeper once a week, a contractor to help with our master bedroom remodel and the lawn service to tackle the jungle that is my backyard. FTC Disclosure: I received compensation for mentioning and reviewing the product listed above as part of one of the services I offer my clients. I am disclosing this in accordance with the Federal Trade Commission 16 CFR, Part 255 : Guides Concerning the Use of Endorsements and Testimonials in Advertising.

2014 119

Seven Short Q&A’s on Saturday

Sklover Working Wisdom

Question 1: Can the clients of an independent contractor use the subcontractor that was used by the independent contractor after the subcontractor has ended the independent contactor/subcontractor relationship? . Question 2: Can my employer change a supposed “mistake” in our new compensation plan? I was presented with a new 2012 compensation plan during the last week of December.

2012 109

Non-Compete or Non-Solicit? Use “C.A.T.C.H.” to Understand It

Sklover Working Wisdom

ACTUAL CASE HISTORY : For two weeks we were in a pitched battle in Federal court, trying to convince a Federal Judge to negate a non-competition agreement. Both sides had submitted legal briefs, and the Federal Judge ordered “oral argument,” which is each side giving its position, and the Judge hammering away at each side’s arguments with his questions. An Effective Way to Analyze Your Restrictions. Limits, like fear, are often an illusion.”. – Michael Jordan.

what are the bare minimum benefits an employer needs to provide?

Ask a Manager

I’m a business development consultant, and work with a lot of start-ups assisting in total compensation development. I understand my clients’ perspectives to a point — most are in the medical field, and associated at practices prior to opening their own where they were classified as contractors and didn’t receive benefits. There are basic expectations about what will be included in the compensation for professional jobs in the U.S.,

2018 39

Justice Department Sues Nation's Largest Mortgage Insurance.


After investigating the complaint, HUD issued a charge of discrimination and referred the case to the Department of Justice after the complainant elected to have the case heard in federal court. The federal Fair Housing Act prohibits discrimination in housing and mortgage lending based on race, color, religion, national origin, sex, disability and familial status. For awhile now, unpaid internships have been a hot topic under the federal Fair Labor Standards Act.

HireCentrix Forum :: Topic: Employers and Workers Comp: The Real.


When we think about workers’ compensation insurance fraud, we think about the man blinded in a work accident who gets caught driving a golf cart, or the woman who limps into court wearing a neck brace and then skips back to her full-time job as a yoga instructor. Meanwhile, the National Insurance Crime Bureau reports workers’ compensation fraud costs employers about $7.2 billion each year, or a staggering 20 percent of all workers’ compensation payments. Be our Friend.

2012 40

Leave Policy Missing In Action

Evil HR Lady

It should contain, at minimum, the following information: Number of days an employee can take as sick leave before going on short term disability Number of company paid sick days (or if unlimited, then number of days before disability is required) FMLA policy (make sure this is compliant with both Federal and State laws--some states are more generous) At what point an employee is terminated (after FMLA expires? Well, maybe compensation.)

2008 100

Leave Policy Missing In Action

Evil HR Lady

It should contain, at minimum, the following information: Number of days an employee can take as sick leave before going on short term disability Number of company paid sick days (or if unlimited, then number of days before disability is required) FMLA policy (make sure this is compliant with both Federal and State laws--some states are more generous) At what point an employee is terminated (after FMLA expires? Well, maybe compensation.)

2008 100

Want to litigate in private? Opt for arbitration


As one federal court recently put it, “the public at large pays for the courts and therefore has an interest in what goes on at all stages of a judicial proceeding.” Mike has prosecuted and defended more than 300 employee defection and recruitment matters, obtaining and defeating injunctive relief in at least 27 different state and federal courts, in addition to dozens of arbitration actions before the National Association of Securities Dealers. Be our Friend.

2011 48

HR LunchBreak: Affecting the VALUE of Your Workforce


Once employees are onboarded, HR can also affect the process for performance management and review, compensation and benefits, ongoing training and mentorship, and other employee/workforce initiatives. This collapse was the largest since the Federal Reserve began tracking household wealth after WW2 From August 2007 to October 2008, an estimated 20%, or $2 trillion, disappeared from Americans’ retirement plans. Independent Contractor (Self-Employed) or Employee?

2011 54

“Vacation and Vacation Pay – 50 Frequently Asked Questions”

Sklover Working Wisdom

federal law does not require any paid vacation days, and I know of no state laws, either, that require that employers provide employees with paid vacation days. . The same is true for temporary employees, probationary employees and independent contractors. . “A vacation is what you take when you can no longer take. what you’ve been taking.”. - Earl Wilson . ACTUAL “CASE HISTORIES ”: According to the Bible, even God took a day off after creation.

2014 125

my boss won’t manage a terrible employee, my coworker scream-yawns, and more

Ask a Manager

I’m a permanent federal employee, and one of the contractors who works here screams when she yawns. This isn’t a bad job by any means, but I definitely feel once I have my degree I should be compensated for the experience and education I will have at that time.

2021 43

my managers are disrespectful to people, my company wants to do group interviews, and more

Ask a Manager

It’s true that exempt employees can’t usually have their pay docked, but federal law does allow employers not to pay exempt workers for any week in which they perform no work, as would be the case here. Federal law does require that exempt employees be paid their full salary for any week in which they perform any work.). No compensation is offered. Is it appropriate for me to ask for compensation (I may have to take time off from another job)?

2018 33

feeling guilty about leaving law-breaking boss, asking for a far-off raise, and more

Ask A Manager

First, my boss hired me as an independent contractor, even though I follow a daily schedule and perform a key role in the company. Any one of these complaints — breaking the law by paying you as an independent contractor when you meet the legal test for an employee, paying less than the rate you agreed to, paying you less than minimum wage, and/or dismissing harassment concerns — would be reason to leave on its own.

2013 59

updates: the sick leave pressure, the overload of vacation time, and more

Ask a Manager

To confirm what many people guessed, I was a part-time independent contractor for this company. And if I go first he is instructed NOT to pay my Federal student loans because that’s a great benefit. Re-framing the way I viewed all that time off as part of my overall compensation package (instead of just a whole bunch of days I have the option to use) was incredibly helpful. It’s “where are you now?”

2018 33

Announcing: Brazen Careerist Top 50 Places to Work | Penelope.

Penelope Trunk

Posted by Peppone on December 16, 2009 at 1:48 pm | permalink | Reply I know that the list is titled Top 50 "Companies", but I find it interesting that no government (Federal or state) agencies made the cut. In fact, I work in an office very close to one Federal agency and I can say, without a doubt, that almost half of the people I've seen walk in and out of the gates are under the age of 27. Is this your first time here?

2009 74