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.

Consistent With Your Gender Identity: Dept of Labour Rule on Bathroom Use


A new final rule on sex and gender-based bias from the Department of Labour reaffirms principles that should already be familiar to you: it is not ok to discriminate against people for reasons of sex, gender or sexual orientation; and discrimination includes bias in hiring, promotions and pay, and in unequal working conditions or benefits. That is, as far as the Department of Labour is concerned, federal contractors cannot force transgender employees to use the wrong bathroom.


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Hiring Your First Employees: Making the Move from Small Business to Employer

Ms. Career Girl

Businesses need to withhold federal income tax, social security and Medicare taxes from employees’ paychecks. Additionally, your business will need to pay Federal Unemployment Tax out of its own funds.

2020 153

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

I’m not eligible for raises (but my coworkers are)

Evil HR Lady

All payroll raises for our direct care staff, along with their managers, directors, trainers, and in-house investigators, are billed back to the state or federal government for reimbursement. But it’s not the illegal kind of discrimination. A reader asks.

2021 225

Employment Class Actions Survive Despite Wal-Mart Ruling


The end of the road for a class-action discrimination lawsuit brought by female employees of Wal-Mart Stores Inc. A day after the decision, a federal judge in New York ruled that about 600 employees of Tyco International Ltd unit SimplexGrinnell can sue jointly on their claims that they were underpaid. On June 29, a federal judge in Florida denied Starbucks Corp.’s That same week, a federal judge in California denied trucking company C.R. Be our Friend.

2011 46

How to staff your start up!


Part-Time, Contractor, Temp, Casual, Full-Time or outsource EVERYTHING?? Whether this is from day one or later down the track, when you have determined it’s time to get help, it’s worthwhile taking careful considerations to your options and their immediate and longer term implications: Independent Contractors/Outsourcing. A very useful initial approach would be to hiring independent contractors or outsource instead of hiring employees.

2013 100

Is it illegal to recruit on Facebook?

Resume Bear

Using social networks as your only source for candidates could be discriminating against potential applicants that do not have social networking profiles. Using social networks as a source of information about your applicants could cause you to discriminate intentionally, or unintentionally, based on protected-class status such as race, gender, religion and so on, or on the basis of one’s leisure activities if they do not agree with your organization’s culture. ABOUT OUR GUEST.

2010 184

Increasing Disability Employment in the Workplace


According to the Americans with Disabilities Act, employers cannot discriminate in hiring or in employment. Also, any business that employs over $100,000 in federal contractors has an “aspirational goal” set by the government: 7% of the workforce within your business should be people with disabilities. Why increase awareness about disability employment in the workplace? Besides the altruistic, “just because” answer; hiring disabled people makes practical business sense.

2015 117

Should Feminists Avoid These 4 Companies?

Ms. Career Girl

Recent allegations from Susan Fowler, a former site reliability engineer at the company, assert that both the Uber management and HR department subjected her and her female colleagues to appalling sexual discrimination. Problems at the company are far from over; as of February 2017, federal prosecutors continue to investigate 21 st Century Fox Inc. And a recent article from a former Facebook Trending contractor accuses the company of favouring male employees over herself. “I

2017 135

“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

Justice Department Sues Nation's Largest Mortgage Insurance.


Justice Department Sues Nation’s Largest Mortgage Insurance Provider for Discrimination Against Women on Paid Maternity Leave. WASHINGTON – The Justice Department announced today that it has sued the Mortgage Guaranty Insurance Corporation (MGIC), the nation’s largest mortgage insurance company, and two of its underwriters, Elgina Cunningham and Kelly Kane, for violating the Fair Housing Act by discriminating against women on paid maternity leave. Be our Friend.

Going Back To Work With A Disability

Career Realism

As per the US labor laws, Section 503 of the Rehabilitation Act of 1973 “prohibits federal contractors and subcontractors from discriminating against and requires affirmative action for qualified individuals with disabilities in all aspects of employment.”. According to Section 504 of the Rehabilitation Act of 1973, “discrimination on the basis of disability in programs and activities that receive federal financial assistance and in federally conducted programs” is illegal.

2014 77

Five Short Q & A’s on Saturday

Sklover Working Wisdom

I’ve reported this to the federal Equal Employment Opportunity Commission (EEOC), and the Louisiana Office of Human Rights, to protect my rights. However, when employees submit complaints to federal or state discrimination agencies employers usually limit what they offer in settlement to what they believe they may be directed to pay. Question 4 - Job Offer Withdrawn: I was offered a job for six months as an independent contractor, but that offer was rescinded for no reason.

2011 116

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? . Is it perhaps a matter of discrimination? Most State and Federal agencies have their own forms that they require you fill out when filing a complaint.

2012 109

Bottom Line it For Me – What's Really Important to Consider When.

Jennifer Anthony

Think about the last time you had a contractor or salesperson trying to win your business. What was it that made you choose one contractor over the other? Blogroll Ask The Headhunter Atlanta Career Coach Biznik Blog Business Support Services Career Management Alliance Blog CareerSolvers Blog Dawn Bugni’s Blog Evil HR Lady Executive Career Brand Federal Resume Expert fistful of talent Freelance Writing Jobs Happy About My Resume I’m On LinkedIn – Now What???

2009 100

EEOC is reconsidering their policy regarding Criminal Background.


Solomon is the co-chair of the federal interagency Reentry Council’s staff working group. Shriver, III, Senior Policy Counsel for the Office of Personnel Management, told the Commission that, contrary to what some believe, having an arrest or conviction record does not automatically mean that a person can not work for the federal government. Federal regulations permit agencies to consider each applicant’s unique situation. Don’t Blame Discrimination for Gender Wage Gap.

2011 43

Drugs at Work. Does Marijuana Make You a Better Employee?


While marijuana has been legalized in across nearly half the United States, Congress still recognizes it in Schedule I of the Controlled Substances Act that makes it illegal by federal regulations. Department of Justice has sent out numerous letters to each state’s legal counsel letting them know that despite passing legislation the federal government still condemns the growing, distributing, and possessing in any capacity. Federal law always trumps state law.

2013 109

Resume Writing – What Do Hiring Managers Look For in a Resume?

Jennifer Anthony

You are more likely to go straight to the “E&# section and look up electrical contractors. Blogroll Ask The Headhunter Atlanta Career Coach Biznik Blog Business Support Services Career Management Alliance Blog CareerSolvers Blog Dawn Bugni’s Blog Evil HR Lady Executive Career Brand Federal Resume Expert fistful of talent Freelance Writing Jobs Happy About My Resume I’m On LinkedIn – Now What???

2009 116

HR LunchBreak: Affecting the VALUE of Your Workforce


Don’t Blame Discrimination for Gender Wage Gap. Don’t Blame Discrimination for Gender Wage Gap. 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. US Labor Department and State of California Sign Agreement to Reduce Misclassification of Employees as Independent Contractors. Be our Friend.

2011 54

Candidates will soon be in Control


More articles : » Taking the Mystery Out of Bad Hiring Practices Want some free anti-harassment and anti-discrimination training? » Hell hath no fury like a government agency scorned Misclassifying workers as independent contractors now carries an even steeper price.California now has the nations most punitive laws against worker misclassification. Don’t Blame Discrimination for Gender Wage Gap. Don’t Blame Discrimination for Gender Wage Gap. Be our Friend.

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 says I can’t tell an older colleague they’re wrong, coworker stole creative work, and more

Ask a Manager

” Both Archie and Edith felt that they were being discriminated against and mocked because they’re older than the rest of the team. Annoyed, Tilda dug deeper and discovered the PR agency was in fact Mike operating as an independent contractor!

2020 41

where are they now? 5 more reader updates

Ask A Manager

Update from the reader who was concerned her boss was discriminating against her coworker. Within hours of changing the location to the area that I wanted to be in, I was contacted by an in-house recruiter for a contracting company looking to fill a permanent position with a federal agency. I’ve been with this client since October, and I absolutely love the client and my contractors! Here are five more updates from readers whose questions were previously answered here.

2012 57

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 56

short answer Saturday — 7 short answers to 7 short questions

Ask A Manager

The federal law against religious discrimination requires employers to reasonably accommodate employees’ religious practices, as long as doing so won’t cause “undue hardship” to the business. Lately, we’ve also outsourced projects to contractors instead of assigning them to me. It’s short answer Saturday — seven short answers to seven short questions. Here we go… 1. Can I require an employee to work on Christmas Eve?

2012 56

Martin Luther King Day Special: Racism is alive and kicking.

Penelope Trunk

Rest assured, McDonald's does not tolerate discrimination of any kind. Religion might be the more serious problem here, religion combined with discrimination of women (all religions, there are still very orthodox christians and jews who tell girls and women they have fewer rights than boys and men and put it in practice in their communities). " Your comments about European discrimination are pertinent and important. Is this your first time here?

2010 87