In previous posts, here and here, we have discussed why the determination of whether a worker is an independent contractor or an employee is important, and the behavioral factors to be considered in making that determination. In addition to these factors, employers should also consider the financial arrangements it has with a worker in deciding [...]
Assuming an employer can answer “no” to the two threshold questions I discussed in my previous post about determining if a worker is an independent contractor, it must then move on to the control analysis. This analysis uses a number of factors to examine the level of control the employer has over the worker. No single [...]
If you’ve been following my earlier entries, you know that the IRS has recently taken a more critical view of employers’ designations of workers as independent contractors. You know that the penalties for misclassification can include unpaid payroll taxes, penalties, interest, overtime pay, and more. So, how do you go about ensuring that your designation [...]
Many HR professionals and business owners are aware that they can use independent contractors (sometimes casually called “1099 workers”) to help them perform the work that needs to be completed for the business. In fact, everyone who works for your business must be classified as either an independent contractor or an employee. There are several [...]
After receiving much public response to its earlier guidance about the possibility that educational requirements in job postings may violate the ADA, the EEOC recently issued a series of questions and answers intended to clarify its position on this issue. Among other things, these answers make it clear that: Employers may still have educational requirements [...]