A Tangled Web Unraveling the complexities of independent contractor classification
By Christopher Minnick
Independent Contractor classification is fraught with complications, the most imposing of which result from a tangled web of federal and state tax and labor laws. The potential trouble due to improper classification comes in many forms: worker lawsuits, retroactive overtime payments and benefits to workers, and back taxes, penalties and fines to the government -- to name just a few.
The difference between an independent contractor and an employee is determined in part by the concept of "right to control." With an employee, the employer determines what needs to be done (results) and controls how it is to be done (means). The person is normally directed by the employer. Independent contractors, on the other hand, are not employees but are in business for themselves. They are hired to accomplish a task or tasks as determined by the employer, but independent contractors retain the right to control how they will get the work done. ...
Roll Up Your Sleeves An Autodesk manager on how to create a successful CW program
For the March issue, CWS 30 features Laura Schuchardt, talent acquisition program manager at Autodesk, a leading provider of 2D and 3D design software for many industries, including manufacturing, building, engineering, media and entertainment. ...
Proper Classification of 1099/independent contractors
H-1B Visa Troubles Are Brewing -- Again The war for talent is taking an interesting turn. In January, U.S. Citizenship and Immigration Services issues a memorandum outlining restrictions on staffing firms' ability to bring in foreign workers on H-1B visas. In mid-February, staffing firms voiced their complaints ...
I have an internally run MSP but I supplement my team of company staff with payrolled employees. From time to time they need to have business cards. How should these cards read?
-- Harassed in Houston, Texas
Dear Harassed,
The simple answer is that the cards should be accurate. ...
Staffing Industry Analysts' Products and Services
Monthly Webinar Series: March 25, Managing Co-employment, Misclassification Risk and How the Federal Government Plans to Recover $7 billion in the Next 10 Years
Webinar sponsored by Advantage Resourcing
This month the Obama administration estimated $7 billion will be recovered in a massive crackdown on the misclassification of workers. Nine federal agencies and more than two dozen states that are facing huge budget deficits have stepped up enforcement, in many cases by enacting stricter penalties for misclassifying workers. The administration has hired additional enforcement personnel and the IRS is currently auditing 6000 companies. Will your company be one of them?
If a colleague shared CWS 30 with you and you'd like your own FREE bimonthly copy, please subscribe here.
CONTINGENT WORKFORCE STRATEGIES 30 is published bimonthly by Staffing Industry Analysts and is delivered to buyers of staffing services. For change of email address write to subservices@staffingindustry.com or call 1-800-950-9496.
To contact the editor, please e-mail Subadhra Sriram or call 650.390.6194.
To advertise, contact Diana Gabriel or call 650.390.6193.