12. TYPES OF WORKERS:
Who regulates this?
• Internal Revenue Service: https://www.irs.gov/businesses/small-
businesses-self-employed/independent-contractor-self-employed-or-
employee
• US Department of Labor:
https://www.dol.gov/whd/regs/compliance/whdfs13.pdf
• Florida Department of Revenue:
https://floridarevenue.com/taxes/taxesfees/Pages/rt_employee.aspx
Independent
Contractors
Employe
es
Issues: Unemployment Tax, Benefits, Payroll
Taxes
13. US SUPREME COURT
On a number of occasions, the U.S. Supreme Court has indicated that there is
no single rule or test for determining whether an individual is an independent
contractor or an employee for purposes of the FLSA.
The Court has held that it is the total activity or situation which controls.
There are certain factors which are immaterial in determining whether there is
an employment relationship. Such facts as the place where work is performed,
the absence of a formal employment agreement, or whether an alleged
independent contractor is licensed by State/local government are NOT
considered to have a bearing on determinations as to whether there is an
employment relationship.
Additionally, the Supreme Court has held that the time or mode of pay does
NOT control the determination of employee status.
14. US SUPREME COURT
Among the factors which the Court has considered significant
are:
1) The extent to which the services rendered are an integral part of the
principal's business.
2) The permanency of the relationship.
3) The amount of the alleged contractor's investment in facilities and
equipment.
4) The nature and degree of control by the principal.
5) The alleged contractor's opportunities for profit and loss.
6) The amount of initiative, judgment, or foresight in open market
competition with others required for the success of the claimed
independent contractor.
7) The degree of independent business organization and operation.
15. INTERNAL REVENUE SERVICE
FINANCIAL
Significant investment
Unreimbursed expenses
Opportunity for
profit/loss
Services available to
market
Method of payment
BEHAVIORAL
Type of instructions
given
Degree of instruction
Evaluation systems
Training TYPE OF RELATIONSHIP
Written contracts
Employee benefits
Permanency of
relationship
Services provided as key
activity of the business
16. FLORIDA DEPARTMENT OF REVENUE
The intentional misclassification of a worker is a felony.
1) The extent of control which (by agreement between the employer and the
worker) the business may exercise over the details of the work.
2) Whether the one employed is engaged in a distinct occupation or business.
3) Whether the work done in a certain locality is usually done under the direction
of the employer or by a specialist without supervision.
4) The skill required in the particular occupation.
5) Whether the employer or the worker supplies the instrumentalities (for example:
equipment, vehicle, materials), tools, and the place of work for the person doing
the work.
6) The length of time the person is employed.
7) The method of payment, whether by the time or by the job.
8) Whether the work is a part of the regular business of the employer.
9) Whether the parties believe they are creating the relationship of employer and
employee.
17. PROTECTING YOUR BUSINESS
1) Classification of Worker - Employee vs. Independent
Contractor
2) Access to your Confidential Business Information –
Competition, Disparagement
3) Provision of Specific Training – Competition
4) Customer Acquisition – Solicitation
5) Referral Source Acquisition – Solicitation
6) HR Compliance
7) Employees in Multiple States
18. PROTECTING YOUR CLIENT
1) Client Information - Confidentiality
2) Physical Harm – Contact
3) Business Representation – Authority
4) Ownership of Creations – IP
19.
20.
21. CALENDAR
When are you
going to
address this
concern?
AUDIT SHEET:
WORKER RELATIONSHIPS
CONCERNS
QUESTIONNAIRE
25. WHAT DOES YOUR CONTRACT SAY ABOUT YOU?
Consumer Side: Every contract gives an
impression.
EXCHANGE CONTRACTS
1) What is your first impression?
Three words.
2) Rate the professionalism 1 – 5.
3) Rate the trustworthiness 1 – 5.
4) Do you clearly understand what
you’ll get?
26. DOES YOUR CONTRACT PROTECT YOUR BUSINESS?
Business Side: Every contract
has multiple purposes.
PURPOSES:
1) Establishes the exchange.
2) Creates a good relationship to
build on.
3) Provides safeguards.
4) Legally binding.
27. DOES YOUR
CONTRACT
CREATE A GOOD
RELATIONSHIP?
Trust & Confidence:
Every contract sets the scene.
ALLOWS YOU TO:
1) Show you understand and care.
2) Establish trust by being fair and
direct.
3) Put clients at ease with
explanations.
4) Use easy to understand
language.
28.
29.
30.
31. CALENDAR
When are you
going to
address this
concern?
AUDIT SHEET:
CLIENT RELATIONSHIPS
CONCERNS
QUESTIONNAIRE
The Established Flyers: Most of our clients come to us once they’ve been in business for several years. They started their firms and took a lot of risks at the beginning. They were comfortable figuring things out as they went along – but they knew there were things they didn’t know. The challenge was that there was so much to focus on that they had to choose the priority that made them money. They knew that they needed to do things legally sound but there wasn’t resources to put everything in place. Now they want to stabilize and they know it’s time to put some foundations in place. No more building with toothpicks and bandaids – they know their growth needs to be supported by strong infrastructure. So they come to us to help them put that structure in place. They can then continue to grow without fear of collapse.
The Start-Off the Grounders: Just a few of our clients are start-ups. But they are special start-ups – the kind that know they need to build infrastructure and they want it in place before (or shortly after) they start. They don’t accept as much risk. These are the types of personalities who like to have everything lined up so they don’t have to worry. They want to build from the ground up. These are the only start-ups we serve because they know that the structure we offer is important and they are willing to prioritize getting it done.
Why Should You Build Infrastructure?
It builds strength in your foundation so your business can support growth.
It promotes good business by creating successful business relationships (through solid and honest contracts).
It allows you to avoid problems, and for those that are unavoidable it can help you find an easier resolution.
It increases the value of the business, which is great for when it’s time to make a transition.
You’ll be drinking from a fire hose in this class.
It will be a lot of information.
You will experience some overwhelm and discouragement.
It’s important to know what needs to be done.
Not that you have to run out and do it all at one time.
You’ll have a list of issues you will need to address.
I want you to pick ONE THING to tackle before this class ends.
The other issues on your list will go on your calendar.
You’ll pick them up and deal with them at certain points in the future.
You’ll make your decisions on what to do first based on your own priorities and circumstances.
Terminology
Client vs. Customer
Contract vs. Agreement
Company vs. Business
Legally speaking there are so many rules that cover our relationships with workers – employment law is a huge body of federal and state laws, and that’s not to mention tax law. I know it can be daunting for a small company to deal with.
First, the structure of the relationship between you and the worker. This covers topics such as whether they are designated as employees or independent contractors, the amount and frequency of pay, the hours of work, responsibilities and duties – and so on. It’s the typical stuff you know you need to cover.
This second part may be something you haven’t thought of yet. It’s the structure of your relationship with your clients and how you need to protect them.
The relationships we have with our clients don’t “end at the sale” like most businesses do – our relationships “begin at the sale”. It’s not an over-the-counter, “here’s your product and I hope to see you next time you need one”. For us service providers, the whole process starts with the hiring – they sign our contract - and the delivery of services comes afterwards.
The client relationship begins with and is defined by our service contracts. (Service contracts can be called an Engagement Agreement, a Master Services Agreement, a Scope of Work, Professional Service Contracts – and many other variations.)
Your client relationships are represented by your service contracts. We consider contracts as so much more than technicalities – they are written relationships and they must be treated with care. For some of us, the relationship can last for a long period of time.
