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.

“Becoming a Consultant? – Here are 21 Smart Points to Raise”

Sklover Working Wisdom

In addition, most of the many other laws that protect employees from discrimination, retaliation, harassment and non-payment of wages, are not applicable to independent consultants. Agreements and Contracts Going Out on Your Own Independent Contractors Monthly Newsletter Library Unique Situations“The second mouse gets the cheese.”. – Terry Pratchett.

2015 116

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

Evil HR Lady

It’s legal as long as you’re making minimum wage. Incidentally, if those funds are coming from the federal government, you may be classified as a government contractor, and by next year that minimum wage will be $15 an hour. . A reader asks.

2021 224

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


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. But there are rules surrounding who can be classified as an independent contractor and who can’t. Not Providing Harassment or Discrimination Training to Supervisors.

2019 109

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

Ms. Career Girl

Make sure that you understand the details of your state’s employment law, including the minimum wage that you need to pay, how to avoid any potential discrimination in the workplace, and how to keep your employees’ schedules legal.

2020 142

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. But some employment class-action lawsuits, particularly those involving disputes over overtime and other wage-and-hour claims, are surviving and have even been strengthened by the ruling, as judges have issued opinions arguing the Wal-Mart decision does not apply to a given case. Wage & Hour FAQ] Q. Don’t Blame Discrimination for Gender Wage Gap.

2011 46

short answer Saturday: 6 short answers to 6 short questions

Ask A Manager

Here we go… Figuring out pay as a contractor I have never worked as a contractor but was contacted about a potential contract job and asked to provide my pay requirements plus gas cost. Keep in mind that as a contractor, you’ll be paying your own payroll taxes and won’t be getting benefits like health care or paid time off. If so, how should I address that without making a potential employer uncomfortable due to discrimination laws?

2011 55

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.

HR LunchBreak: Affecting the VALUE of Your Workforce


Don’t Blame Discrimination for Gender Wage Gap. Don’t Blame Discrimination for Gender Wage Gap. US Labor Department and State of California Sign Agreement to Reduce Misclassification of Employees as Independent Contractors. Bill Would Make It Easier to Bring Employment Discrimination Class Action Suits. Independent Contractor (Self-Employed) or Employee? Be our Friend. Keyword Search HCX for your Favorite Author / Content. Local. Blogs.

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.

EEOC is reconsidering their policy regarding Criminal Background.


The EEOC enforces the federal laws prohibiting employment discrimination. » 7 Costly Legal Myths in Contractor Workforce Management Businesses across the country are continuing to cut costs by replacing employees with independent contractors to save costs. Don’t Blame Discrimination for Gender Wage Gap. Don’t Blame Discrimination for Gender Wage Gap. Be our Friend. Keyword Search HCX for your Favorite Author / Content. Local. Blogs.

2011 43

Want to litigate in private? Opt for arbitration


Don’t Blame Discrimination for Gender Wage Gap. Don’t Blame Discrimination for Gender Wage Gap. But I Signed An Independent Contractor Agreement. Make Sure to Comply With Immigration Anti-Discrimination Laws. * media recruiters companies federal talent labor employment social human court health department company candidates workers discrimination information workplace recruiting hiring people employers process employees business. Be our Friend.

2011 48

my company wants to stop me from discussing my salary with coworkers

Ask a Manager

A reader writes: I work at a retail job with mostly hourly positions and low wages. My impression is that pay is pretty crappy all around, and no one feels like we have any power to negotiate our wages. I also wonder if there’s some pay discrimination going on (weirdly, the boss seems to be biased against male employees). The law doesn’t require employers to allow wage discussions during times that you’re supposed to be working.

Wage 24

When Leaving Your Job, How to Take Your Colleagues With You

Sklover Working Wisdom

Restrictions May Also Extend to “Taking” Vendors, Suppliers, and Contractors With You: Restrictive agreements may also serve to prohibit soliciting or transacting business with vendors, suppliers or independent contractors with whom you have transacted your employer’s business. Discrimination, Harassment & Hostility M. Overtime, Commissions, Unpaid Wages O.

2010 116

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

who can managers talk to, my boss only gives gifts to women, and more

Ask a Manager

One of my coworkers is saying that this is discrimination, but I said that he does not have to give gifts to everyone and he can give gifts to whoever he wants to. Discrimination in the legal sense? If people were being denied promotions or wages or professional opportunities based on sex, that would be illegal. Assuming that you’re a teapot contractor and the payment is solely out of pocket, and the cost is too high to afford by yourself).

2015 30

short answer Saturday: seven short answers to seven short questions

Ask A Manager

And let me say once again that in this economy, tons of people aren’t getting interviews and it has nothing to do with age discrimination; it has to do with the job market. Instead, they view me as a “contractor&# –so long as I get the job done by the deadline and do good work, they don’t care about much else. I guess, at the end, these companies have pretty low expectations of their contractors.

2011 55

terse answer Tuesday

Ask A Manager

Contractor-to-permanent jobs on a resume I’m about to convert from a contract position to a permanent position for a job I really love. I was wondering, with respect to LinkedIn and my resume, do I need to create a separate entry to cover my time as a contractor vs. permanent employee or can I just lump it all in under my new status and drop the mention of the staffing agency? Most employers won’t include the time you worked as a contractor in your dates of employment.

2011 50

short answer Saturday: another job search edition — Ask a Manager

Ask A Manager

And if it’s not, they can reclassify you as an employee and require the employer to pay back wages for all the work you did. As long as unemployment is high, propositions like this will just lead to a wage race to the bottom… a a situation in which employees can certainly never win. Reply Cancel reply Leave a Comment { 1 trackback } "Ask a Manager" Career Advice for Contractors | Previous post: what should a resignation letter say?

2011 56

3 things I learned by quitting my job in a recession

Ask A Manager

A trust fund tax is money withheld from an employee’s wages (income tax, social security, and Medicare taxes) by an employer and held in trust until paid to the Treasury. Reply Ask a Manager April 5, 2011 at 11:33 am My understanding is that Keogh plans can’t be used if you’re just working as an independent contractor.

short answer Sunday: 7 short answers to 7 short questions

Ask A Manager

I am currently working for a single company and paid as a contractor, not an employee. The details of your pay arrangement (the fact that you’re a contractor rather than an employee) aren’t particularly relevant for your resume. Why performance reviews deserve a better rap former boss is waging campaign of harassment against me accepted a job; do I need to notify other places I applied?

2011 52

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