Commentary: Bad HR habits and the 'tsunami'
It’s time to brush up policies, make sure key people are retainedThis month, June 2011, we are starting to see signs of some economic recovery. It’s time to re-evaluate your risks and determine how the recovery will impact your business.
As the job market begins to heat up, Uncle Sam is gearing up to play a bigger role in employment regulation and enforcement. The government is increasing the number of its field investigators to ensure companies are in compliance with employment rules and regulations. Hot button areas include use of illegal aliens and misclassification of workers.
Are you aware that the State of California and the IRS assume everyone is an “employee” unless they meet certain factors?
According to the Department of Labor Standards Enforcement office, “there is no set definition of the term ‘independent contractor’ and as such, one must look to the interpretations of the courts and enforcement agencies to decide if in a particular situation a worker is an employee or independent contractor. In handling a matter where employment status is an issue, that is, employee or independent contractor, DLSE starts with the presumption that the worker is an employee.” Labor Code Section 3357 .
The DLSE website states, “Employers oftentimes improperly classify their employees as independent contractors so that they, the employer, do not have to pay payroll taxes, the minimum wage or overtime, comply with other wage and hour law requirements such as providing meal periods and rest breaks, or reimburse their workers for business expenses incurred in performing their jobs. Additionally, employers do not have to cover independent contractors under workers’ compensation insurance, and are not liable for payments under unemployment insurance, disability insurance, or social security.”
All employers should be aware of the myriad of consequences of misclassification of employees including:
Stop orders and penalty assessments pursuant to Labor Code section 3710.Independent Contractor Definition - News
According to the Department of Labor Standards Enforcement office, “there is no set definition of the term 'independent contractor' and as such, one must look to the interpretations of the courts and enforcement agencies to decide if in a particular
A UFC spokeswoman said color analyst Joe Rogan (above) is an independent contractor and doesn't speak for the organization. And, had White bothered to have thought about establishing personal guidelines for his employees, his highly popular television
San Juan Bautista removed his interim title July 1 of last year, but through Wednesday he had continued working as an independent contractor as opposed to a full-time employee. He made $10000 per month - with no payroll taxes or Social Security
gender identity, race, color, creed, ancestry, age, familial status, a non-job related handicap or disability. The definition also includes use of a guide animal, deafness or physical handicap of any individual or independent contractor.
Cameron says the RCSA is seeking to clarify a number of issues with the ATO, in a bid to develop better guidance on what are the lawful means of engaging independent contractors. He says that while it is the association's duty to inform membership of
Commentary: Bad HR habits and the 'tsunami' – North Bay Business ...
It’s time to brush up policies, make sure key people are retained
This month, June 2011, we are starting to see signs of some economic recovery. It’s time to re-evaluate your risks and determine how the recovery will impact your business.
As the job market begins to heat up, Uncle Sam is gearing up to play a bigger role in employment regulation and enforcement. The government is increasing the number of its field investigators to ensure companies are in compliance with employment rules and regulations. Hot button areas include use of illegal aliens and misclassification of workers.
Are you aware that the State of California and the IRS assume everyone is an “employee” unless they meet certain factors?
According to the Department of Labor Standards Enforcement office, “there is no set definition of the term ‘independent contractor’ and as such, one must look to the interpretations of the courts and enforcement agencies to decide if in a particular situation a worker is an employee or independent contractor. In handling a matter where employment status is an issue, that is, employee or independent contractor, DLSE starts with the presumption that the worker is an employee.” Labor Code Section 3357 .
The DLSE website states, “Employers oftentimes improperly classify their employees as independent contractors so that they, the employer, do not have to pay payroll taxes, the minimum wage or overtime, comply with other wage and hour law requirements such as providing meal periods and rest breaks, or reimburse their workers for business expenses incurred in performing their jobs. Additionally, employers do not have to cover independent contractors under workers’ compensation insurance, and are not liable for payments under unemployment insurance, disability insurance, or social security.”
All employers should be aware of the myriad of consequences of misclassification of employees including:
Stop orders and penalty assessments pursuant to Labor Code section 3710.Independent Contractor Definition - Bookshelf
Mandated Benefits 2004 Compliance Guide
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