Archive for the 'Independent Contractors' Category
by Kara E. Shea
Independent contractors, by definition, are self-employed. Because they aren’t employees, they aren’t covered by employment, labor, and related tax laws. As a result, some employers may be tempted to reclassify employees as independent contractors to avoid taxes, benefits, record-keeping requirements, overtime, and other expenses.
Posted in Classifying Workers, DOL, FLSA, Independent Contractors, Tennessee, Wage and Hour Law by: Tennessee Employment Law Letter
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by Gary S. Fealk
Businesses often find it advantageous to hire independent contractors to perform a variety of duties in place of employees. Using independent contractors can reduce expenses for payroll taxes and benefits, avoid the impact of laws like the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA), and arguably [...]
Posted in Classifying Workers, FLSA, IRS, Independent Contractors, Michigan, Wage and Hour Law by: Michigan Employment Law Letter
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by Vaughn Burkholder and Tara Eberline
What do the U.S. Department of Labor (DOL), the Internal Revenue Service (IRS), and Congress have in common? Sound like a setup for a bad joke? The punch line is that each of those federal entities has announced its intention to focus on employers’ misclassification of employees as independent contractors. [...]
Posted in Classifying Workers, DOL, FLSA, IRS, Independent Contractors, Kansas, Minimum Wage, Overtime, Uncategorized, Wage and Hour, Wage and Hour Law by: Kansas Employment Law Letter
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by Kara E. Shea
I recently participated in hosting a Wage and Hour Virtual Summit webinar. Wage and hour compliance — overtime, work-time issues, exempt status — is always a lively topic and typically results in lots of questions and feedback. This time around, most of the feedback surrounded remarks I made about individual liability under [...]
Posted in Break Time, Child Labor, Classifying Workers, Comp Time, DOL, Exempt Employees, FLSA, FMLA, FMLA, Furloughs, Independent Contractors, Interns and Trainees, Minimum Wage, Non-exempt Employee, On-call Time, Overtime, Supervisor Training, Temporary Employess, Tennessee, Title VII, Travel Time, Wage and Hour, Wage and Hour Law by: Tennessee Employment Law Letter
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by Robert C. Nagle
Employers can expect increased enforcement efforts from federal and state labor and tax authorities over what’s believed to be a rising tide of misclassification of employees as “independent contractors.”
Posted in Benefits, Classifying Workers, DOL, FLSA, IRS, Independent Contractors, Minimum Wage, Overtime, Pennsylvania, Title VII, Wage and Hour by: Pennsylvania Employment Law Letter
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by Mark Wiletsky
Although we’re beginning to see signs of an economic recovery, many organizations are still grappling with how to stay competitive in this challenging environment. Layoffs, furloughs, and other methods used to cut personnel costs are often part of the equation. But the savings gained by those cost-cutting measures can be lost if employees [...]
Posted in Age Discrimination, Colorado, Exempt Employees, Furloughs, Independent Contractors, Layoffs, WARN by: Colorado Employment Law Letter
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by David Micah Kaufman
Like many of us, several of my friends have recently suffered vocational dislocation (no matter what we name it, losing a job is still a tragedy). One of these friends called me a few weeks ago and told me he had landed a position as a independent contractor for a financial services [...]
Posted in Independent Contractors, Policies, Workplace Technology by: HR Insight
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Now that President Barack Obama has been sworn into office many expect to see more new workplace regulations in the upcoming months than at any time in the last two decades. This article discusses of some of the proposed legislation that could affect employers in the areas of civil rights (the [...]
Posted in Classifying Workers, Employee Leave, Exempt Employees, FMLA, FMLA Leave, Independent Contractors, New York, Non-exempt Employee, Paid Time Off, Sick Leave, Workplace Discrimination by: New York Employment Law Letter
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by Craig Borowski
Many employers use contingent workers: independent contractors, leased employees, consultants, and temporary employees. While using an alternative workforce has benefits, it can create legal and practical risks as well. If you use or are considering using contingent workers, here are some benefits and risks to weigh.
Posted in Exempt Employees, Independent Contractors, Indiana, Non-exempt Employee, Temporary Employess, Wage and Hour by: Indiana Employment Law Letter
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by Tracey A. Cullen
It’s no news flash that companies must proceed with caution when classifying someone who provides them with services as an independent contractor. Independent contractors are paid flat fees without tax deductions or employment taxes. Employees are paid salaries subject to withholding, FICA, FUTA, and other employment taxes and are [...]
Posted in Classifying Workers, DOL, Exempt Employees, IRS, Independent Contractors, Minimum Wage, New York, Non-exempt Employee, Overtime by: New York Employment Law Letter
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