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.

“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 laws that apply to employees generally follow this rule: the state laws that apply to benefits and wages is the state law of the state in which you “sit” while you do most of your work. The same is true for temporary employees, probationary employees and independent contractors. .

2014 125

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Ensuring Employers Are Properly Paying You

Ms. Career Girl

Before you embark on the perilous journey of investing more time into your employer, here are a few aspects of wage law that you should know about. Receiving an hourly wage will qualify you for being paid for every hour worked. Receiving an hourly wage might ensure you get paid for every hour worked, but it will not necessarily guarantee overtime pay (OT). And the base overtime pay is 1 and 1/2 of their normal wage. Featured Money hourly money overtime salary wage

2015 122

6 Ways to Advance Gender Equality in the C-Suite


President Obama requiring federal contractors to file employee salary data with the government will encourage companies to move toward transparency. HR Leadership c suite diversity gender pay gap gender wage gap leadership lists STEM women in STEM women leadersThis blog first appeared on The Economist’s Executive Education blog here.

2016 59

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. It’s legal as long as you’re making minimum wage. A reader asks.

2021 225

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

6 Ways HR Can Protect the Return on Social Media Investment


Work performed within regular business hours is typically compensated through wages or salary. Work performed after hours may require the payment of overtime wages. Let’s start by stating the obvious: it takes time and money to create a strong Internet presence. HR must take steps to protect the company’s return on social media investment.

Top 5 Apps, Websites and Tools to Help You Keep Control of Your Finances

Ms. Career Girl

It also offers products like w2 and w3 tax forms and tax kits, which will help you to submit wage and tax statements easily when it’s time to do your returns. It automatically reports your new employees to the government, handles local, state and federal tax filings, and emails digital pay stubs to your employees too. Small businesses and contractors often have a hard time getting paid.

2016 100

“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

MEMO TO: New College Grads

Ms. Career Girl

Federal government jobs are located in all fifty states, not just Washington DC. Teachers make a reasonable wage and their careers bring job satisfaction every day. Marillyn Hewson , CEO and President of defense contractor, Lockheed Martin. SUBJECT: Work responsibly. It’s that time of year when college seniors are looking forward to receiving their diplomas after four or more years of time consuming and costly schooling.

Employment Class Actions Survive Despite Wal-Mart Ruling


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. 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. Be our Friend.

2011 46

What Happens To Employers Who Do Not Pay Overtime?

Corn on the Job

The FLSA is the piece of legislation the federal government tries to use to prevent the average worker from getting cheated out of overtime pays. Requiring independent contractors to act as employees without employee pay benefits such as overtime. Sometimes an employer will tell a new worker that they will be classified as an independent contractor. Many of the cases prosecuted by the federal government have also resulted in jail time for the offending employer.

2016 46

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.

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

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


» 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. Fact Sheet : Employment & Wages Under Federal Law During Natural Disasters & Recovery. 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

my boss is verbally abusive and won’t pay me

Ask a Manager

We’re still independent contractors. In terms of paycheck, we earn less than minimum wage, and he hasn’t paid me for two months as of this week. My coworker and I are planning to give him an ultimatum this week — pay us for the last two months, bring our salaries up to minimum wage, make the sixth workday optional with overtime, and employee status with stock options, in writing.

Wage 20

my coworker insulted me in an email, sharing a bedroom with coworkers, and more

Ask A Manager

A former contractor at my company has taken a regular position at another company in the same general field, a place where we have various ties / former companies in common—there is a lot of flow, over time, in this industry, and personal relationships can be very important. With the new minimum wage, my company has decided that I should be non-exempt instead of exempt, which I have been since day one. It’s five answers to five questions. Here we go….

2014 59

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

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

Ask a Manager

I’m also earning the highest wage I’ve ever had! 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. It’s “where are you now?” month at Ask a Manager, and all December I’m running updates from people who had their letters here answered in the past. Here are five updates from past letter-writers.

2018 27

Unemployment Extension Update

Corn on the Job

Reply 8 Mark S October 29, 2009 at 4:44 pm I would like to see the continuation of the THE FEDERAL COBRA PREMIUM REDUCTION along with the extension of unemployment benefits. The desperation has led me to look for work that pays minimum wage just to keep up with the late fees and penalties on the mortgage. The 5 weeks was in California, my state of permanent residence, but the “big&# 14 month assignment was working for a major government contractor back in Connecticut.

2009 52

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

Penelope Trunk

So for Gen Y, going to a company that pays fair wages is like going to a company that hires people who aren’t white. We do assume any decent company pays fair wages, but we give a slight reward to companies that pay extra high wages to young workers. 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.

2009 74

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

Penelope Trunk

Is this your first time here? About this blog | About my company, Brazen Careerist | Penelopes guide to starting a blog Martin Luther King Day Special: Racism is alive and kicking. Hello, McDonald's) Posted to: Diversity | Leadership January 18th, 2010 Digg Reddit StumbleUpon Tweet This Facebook The All-Star Rodeo Challenge came to Madison, WI last weekend, and the farmer took me and my kids.

2010 87