The first of its kind, this seminar is held to provide participants with information and knowledge regarding a constructive dismissal where employee resigns as a result of the employer creating a hostile work environment.
The first of its kind, this seminar is held to provide participants with the knowledge and skills to effectively identify common workplace misconduct i.e. minor or major misconduct. It will also share the best approach in undertaking appropriate disciplinary actions, ensuring its compliance with the Employment Practices.
The first of its kind, this seminar is held to provide participant with the knowledge and skills to effectively and objectively identify redundancies and determine the next course of actions involving voluntary or involuntary separation and ensuring it is in compliant with the Employment Practices.
An employee's relationship with the company can terminate for many reasons – resignation, reduction-in-force, performance and other work-related reasons. Planning for the departure of an employee, for any of these reasons, can minimize disruption, protect confidential information, avoid litigation and assist with succession planning. Join Polsinelli's Labor and Employment attorneys for the conclusion of our year long Life Cycle of an Employee Webinar series as we discuss issues related to employee terminations, including:
Managing performance and attendance related terminations
Can you terminate whistle-blowers
Exit Interviews
Protecting intellectual property and confidential information
Reductions-in-force and other separation agreements
Post-decision considerations and communications
The first of its kind, this seminar is held to provide participants with information and knowledge regarding a constructive dismissal where employee resigns as a result of the employer creating a hostile work environment.
The first of its kind, this seminar is held to provide participants with the knowledge and skills to effectively identify common workplace misconduct i.e. minor or major misconduct. It will also share the best approach in undertaking appropriate disciplinary actions, ensuring its compliance with the Employment Practices.
The first of its kind, this seminar is held to provide participant with the knowledge and skills to effectively and objectively identify redundancies and determine the next course of actions involving voluntary or involuntary separation and ensuring it is in compliant with the Employment Practices.
An employee's relationship with the company can terminate for many reasons – resignation, reduction-in-force, performance and other work-related reasons. Planning for the departure of an employee, for any of these reasons, can minimize disruption, protect confidential information, avoid litigation and assist with succession planning. Join Polsinelli's Labor and Employment attorneys for the conclusion of our year long Life Cycle of an Employee Webinar series as we discuss issues related to employee terminations, including:
Managing performance and attendance related terminations
Can you terminate whistle-blowers
Exit Interviews
Protecting intellectual property and confidential information
Reductions-in-force and other separation agreements
Post-decision considerations and communications
The first of its kind, this seminar is held to provide participants with the knowledge and skills to effectively identify common workplace misconduct i.e. minor or major misconduct. It will also share the best approach in undertaking appropriate disciplinary actions, ensuring its compliance with the Employment Practices.
The first of its kind, this seminar is held to provide participants with the knowledge and skills to effectively manage the documentation and processes for employees with prolonged illness or employees with inability to work due to occupational hazards, leading to medical boarding out.
Collinson Grant supports clients in managing redundancy exercises by insisting on meticulous planning before any announcement is made. This is intended to ensure that the legal issues are understood and that the communication of the news of the redundancies is as effective as possible.
Specifically, we offer skills and experience in:
Creating an action plan and timeline for a redundancy exercise
Calculating likely and actual severance costs
Briefing managers on their responsibilities and necessary actions
Drafting communications to representatives, employees, customers and external agencies
Framing strategies for formal dialogue with employees’
representatives and consultation with individual employees
Arranging election of employees’ representatives, running meetings with them and ensuring follow-up actions take place
Developing criteria for selection for redundancy that are legally compliant and support the needs of the business
Conducting consultative meetings with individual employees
Organising appropriate support for outplacement Assisting in planning and implementing transfers.
Powerpoint presentation to the 2011 annual conference of American Agents Alliance (Palm Springs, CA; September 29-30). Presentation by Steve L. Simas, Simas & Associates, Ltd.
This presentation we will cover three of the more difficult to handle areas of employment law.
•Disciplinary procedures for dealing with conduct issues
•Grievance procedures
•Settlement discussions
Under the National Employment Standard, many workers are entitled to receive redundancy pay if let go from an organization. Businesses must understand the rules for redundancy pay in order to ensure they comply with Section 119 of the Fair Work Act 2009. The presentation discusses all you need to know about redundancy pay in Australia.
Owen Hodge Lawyers can help employers and employees to determine when a genuine redundancy occurs, when payments are required, and what entitlements an employee should receive after a termination. We also advises clients on all issues related to the Fair Work Act, including severance and redundancy pay. Call us today on 1800 770 780 or contact us via ohl@owenhodge.com.au to speak with an employment lawyer who can provide assistance with issues arising from employee termination.
Linda Webb aka The Fraud Dog, presents - Swarm interaction with Premium AuditThe Athletic Mindset
Linda Webb speaks at the 2013 NSIPA & IAASE Annual Seminar
Learn how the SWARM MODEL can revolutionize and identify cost containment areas in the insurance industry. Working in conjunction with SIU, Premium Audit and Loss Control in an interactive solution during the whole insurance process. Learn how the integrated team approach can help all insurance field staff work together like, i.e. premium auditors, SIU investigators and loss constrol specialist. Activate the SWARM Model today for game-changing solutions.
Objectives:
Learn how to activate the SWARM MODEL to help your organization.
SIU how it works in conjunction with Loss Control and Premium Audit.
Fraud investigative techniques to help with premium audit.
Identifying deceptive cues during interviews.
Power Point Presentation created by Randy Friedman
This "Brief Guide" gives information regarding individual and collective redundancy - including compulsory and voluntary redundancy - in the Republic of Ireland. This document can be downloaded at http://www.collierbroderick.ie/Services/HR%20Support/Redundancy.asp
The first of its kind, this seminar is held to provide participants with the knowledge and skills necessary in devising tools and processes to manage probationary employees, in terms of their performance and job suitability. This seminar also emphasises on the necessary actions to be taken during the probationary period and determines the appropriate decision of either to confirm or extend or terminate the employment.
Apart from the pre-employment background check, some employers are conducting background check on the current or existing employees. Though it's not widely accepted, employers from certain industries have started taking active interest in reevaluating their employees. But, how good it is actually?
Employee vs. Independent Contractor - How to Differentiate and Avoid Penalties?benefitexpress
This presentation reviews: which factors the IRS uses to determine common law employee status | how does this affect compliance with ACA | what penalties may apply.
Many people believe that their employment status is very black and white. But what about this gray area where you aren’t sure if you are an employee or if you are an independent contractor? Don’t worry. Either way, you are still employed. The only difference is whether you are self employed or not.
According to the IRS, Doctors, “dentists, vets, lawyers, accountants, contractors, subcontractors, public stenographers, or auctioneers who are in an independent trade, business, or profession in which they offer their services to the general public are generally independent contractors.”
But what makes these people independent contractors? Aren’t there people with those professions that are considered to be employees? If you have been wondering or fretting about this, fret no more. For a better understanding of what makes someone employed vs. self employed, simply keep reading!
The first of its kind, this seminar is held to provide participants with the knowledge and skills to effectively identify common workplace misconduct i.e. minor or major misconduct. It will also share the best approach in undertaking appropriate disciplinary actions, ensuring its compliance with the Employment Practices.
The first of its kind, this seminar is held to provide participants with the knowledge and skills to effectively manage the documentation and processes for employees with prolonged illness or employees with inability to work due to occupational hazards, leading to medical boarding out.
Collinson Grant supports clients in managing redundancy exercises by insisting on meticulous planning before any announcement is made. This is intended to ensure that the legal issues are understood and that the communication of the news of the redundancies is as effective as possible.
Specifically, we offer skills and experience in:
Creating an action plan and timeline for a redundancy exercise
Calculating likely and actual severance costs
Briefing managers on their responsibilities and necessary actions
Drafting communications to representatives, employees, customers and external agencies
Framing strategies for formal dialogue with employees’
representatives and consultation with individual employees
Arranging election of employees’ representatives, running meetings with them and ensuring follow-up actions take place
Developing criteria for selection for redundancy that are legally compliant and support the needs of the business
Conducting consultative meetings with individual employees
Organising appropriate support for outplacement Assisting in planning and implementing transfers.
Powerpoint presentation to the 2011 annual conference of American Agents Alliance (Palm Springs, CA; September 29-30). Presentation by Steve L. Simas, Simas & Associates, Ltd.
This presentation we will cover three of the more difficult to handle areas of employment law.
•Disciplinary procedures for dealing with conduct issues
•Grievance procedures
•Settlement discussions
Under the National Employment Standard, many workers are entitled to receive redundancy pay if let go from an organization. Businesses must understand the rules for redundancy pay in order to ensure they comply with Section 119 of the Fair Work Act 2009. The presentation discusses all you need to know about redundancy pay in Australia.
Owen Hodge Lawyers can help employers and employees to determine when a genuine redundancy occurs, when payments are required, and what entitlements an employee should receive after a termination. We also advises clients on all issues related to the Fair Work Act, including severance and redundancy pay. Call us today on 1800 770 780 or contact us via ohl@owenhodge.com.au to speak with an employment lawyer who can provide assistance with issues arising from employee termination.
Linda Webb aka The Fraud Dog, presents - Swarm interaction with Premium AuditThe Athletic Mindset
Linda Webb speaks at the 2013 NSIPA & IAASE Annual Seminar
Learn how the SWARM MODEL can revolutionize and identify cost containment areas in the insurance industry. Working in conjunction with SIU, Premium Audit and Loss Control in an interactive solution during the whole insurance process. Learn how the integrated team approach can help all insurance field staff work together like, i.e. premium auditors, SIU investigators and loss constrol specialist. Activate the SWARM Model today for game-changing solutions.
Objectives:
Learn how to activate the SWARM MODEL to help your organization.
SIU how it works in conjunction with Loss Control and Premium Audit.
Fraud investigative techniques to help with premium audit.
Identifying deceptive cues during interviews.
Power Point Presentation created by Randy Friedman
This "Brief Guide" gives information regarding individual and collective redundancy - including compulsory and voluntary redundancy - in the Republic of Ireland. This document can be downloaded at http://www.collierbroderick.ie/Services/HR%20Support/Redundancy.asp
The first of its kind, this seminar is held to provide participants with the knowledge and skills necessary in devising tools and processes to manage probationary employees, in terms of their performance and job suitability. This seminar also emphasises on the necessary actions to be taken during the probationary period and determines the appropriate decision of either to confirm or extend or terminate the employment.
Apart from the pre-employment background check, some employers are conducting background check on the current or existing employees. Though it's not widely accepted, employers from certain industries have started taking active interest in reevaluating their employees. But, how good it is actually?
Employee vs. Independent Contractor - How to Differentiate and Avoid Penalties?benefitexpress
This presentation reviews: which factors the IRS uses to determine common law employee status | how does this affect compliance with ACA | what penalties may apply.
Many people believe that their employment status is very black and white. But what about this gray area where you aren’t sure if you are an employee or if you are an independent contractor? Don’t worry. Either way, you are still employed. The only difference is whether you are self employed or not.
According to the IRS, Doctors, “dentists, vets, lawyers, accountants, contractors, subcontractors, public stenographers, or auctioneers who are in an independent trade, business, or profession in which they offer their services to the general public are generally independent contractors.”
But what makes these people independent contractors? Aren’t there people with those professions that are considered to be employees? If you have been wondering or fretting about this, fret no more. For a better understanding of what makes someone employed vs. self employed, simply keep reading!
A presentation that I did at the Talent Acquisition Conference in Johannesburg. We looked at the Pros and Cons of Internal and External Recruitment. We then looked at putting a Recruitment Strategy in place
место книги в ярких детских эстетических доминантахliuviu
«Место книги в ярких детских эстетических доминантах как способ развития творческих способностей»
Свирина Наталья Михайловна - д.п.н., профессор, зав кафедрой общей и специальной педагогики, Институт специальной педагогики и психологии
Contractor or Employee? Exempt or Non-Exempt? Understanding the Distinctions ...ComplyRight, Inc.
A handful of high-profile cases -- and increased attention by the IRS and Department of Labor – has put worker classification in the spotlight. Now, more than ever, employers must be crystal clear on the differences between an employee and independent contractor, as well as exempt vs. non-exempt status.
In either case, misclassifying workers is a risk your business can’t afford to take. Federal and state agents are monitoring the situation more closely and cracking down with bigger fines and penalties. At the same time, wage and hour lawsuits are on the rise, with many “salaried” employees recognizing they are non-exempt in the eyes of the law -- and therefore owed overtime.
Protect yourself from costly misclassification mistakes and potential legal issues. Attend this timely webinar to learn:
- Factors that define the worker relationship, according to the IRS and Department of Labor
- Warning signs that your contractor is actually an employee under the law
- What determines exempt vs. non-exempt status (Hint: Job title has nothing to do with it.)
- Steps to take if a worker is misclassified
20 Factor Test Employee Or Sub Contractordmaaskant
This document gives greater detail on the 20 Factors the IRS and other taxing agencies use during an audit. Much more clear than the IRS publication, but note - not published by the IRS.
Mandatory Employee Leave: An In-Depth Analysis of State and Local LawsComplyRight, Inc.
Did you know that numerous states and cities have passed laws granting leave for workers to address certain health and family-related issues? And that many local governments mandate paid time off for being sick? Requiring employers to provide time off for employees is a growing trend, and it shows no signs of slowing down.
Mainly due to inaction at the federal level, many states and local governments have stepped up to grant employees time off in specific circumstances. These laws vary greatly from how much leave is allowed, how the time off is accrued, when employees can begin to use leave, and if the time can be carried over from year to year.
Independent Contractor or Employee? Understanding the Risk of Misclassificati...ComplyRight, Inc.
Many businesses choose to work with independent contractors, which is perfectly acceptable. But only if you follow the legal parameters. The IRS has strict worker classification rules regarding who is a contractor and who is an employee. Get it wrong and you could face severe penalties, including back taxes, steep fines and, in some cases, even prison.
White Paper: Complying With Regulations Regarding Temporary Workersss
The use of temporary workers is growing in the United States, now representing 22% of the total workforce. Temporary workers are referred to as freelancers, non-employees, indirect workers, agency contractors, consultants, interns, independent contractors, and many other terms.
Occupational Fraud - What Dentists Need to Knowgppcpa
This presentation covers the definition of occupational fraud, the risk factors, the fraud triangle, how motive, opportunity and rationalization all play into fraud, what to do when fraud is detected, and actionable anti-fraud steps.
Lean Start-up Business Tactics Seminar - HR Issues and Your Start-up UNHInnovation
Inevitably, you will need the services and/or skill sets of other people to get your business running. When you begin to add people to your lean start-up, the initial question will be whether or not each person will be an employee or independent contractor. This seminar will help you understand the pros and cons of each type of relationship, and the legal risks in one vs. the other.
If you hire even one employee, there are HR legal compliance issues you will need to address. This seminar also discusses the HR issues that are most important as you begin to add employees, such as:
-Your obligations under wage laws and employment verification laws
-Approaching incentive compensation
-Protecting your confidential information and trade secrets
Cracking The Employee Background Check Code.pptxWorkforce Group
As an employer, the hiring process can be a stressful time. Not only do you have to choose the right person for the job, but you also need to make sure that they are who they say they are.
Making safe and informed hiring decisions requires conducting background and reference checks on potential employees.
There are many reasons why running an employee background check is essential. Perhaps the most obvious reason is to ensure that the person you're hiring is who they say they are.
A background check can also help to reveal any red flags that may be present in an applicant's past, such as educational background or financial instability.
In this deck, you will learn the importance of running employee background and reference checks before hiring and onboarding a new staff.
In this deck, you'll also learn;
1. The basis of employee background check
2. Strategies for carrying out pre-employment checks
3. The significance of background checks to recruitment
4. Why you cannot afford to get recruitment wrong
Buy Verified PayPal Account | Buy Google 5 Star Reviewsusawebmarket
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Implicitly or explicitly all competing businesses employ a strategy to select a mix
of marketing resources. Formulating such competitive strategies fundamentally
involves recognizing relationships between elements of the marketing mix (e.g.,
price and product quality), as well as assessing competitive and market conditions
(i.e., industry structure in the language of economics).
What is the TDS Return Filing Due Date for FY 2024-25.pdfseoforlegalpillers
It is crucial for the taxpayers to understand about the TDS Return Filing Due Date, so that they can fulfill your TDS obligations efficiently. Taxpayers can avoid penalties by sticking to the deadlines and by accurate filing of TDS. Timely filing of TDS will make sure about the availability of tax credits. You can also seek the professional guidance of experts like Legal Pillers for timely filing of the TDS Return.
Attending a job Interview for B1 and B2 Englsih learnersErika906060
It is a sample of an interview for a business english class for pre-intermediate and intermediate english students with emphasis on the speking ability.
Falcon stands out as a top-tier P2P Invoice Discounting platform in India, bridging esteemed blue-chip companies and eager investors. Our goal is to transform the investment landscape in India by establishing a comprehensive destination for borrowers and investors with diverse profiles and needs, all while minimizing risk. What sets Falcon apart is the elimination of intermediaries such as commercial banks and depository institutions, allowing investors to enjoy higher yields.
Discover the innovative and creative projects that highlight my journey throu...dylandmeas
Discover the innovative and creative projects that highlight my journey through Full Sail University. Below, you’ll find a collection of my work showcasing my skills and expertise in digital marketing, event planning, and media production.
Unveiling the Secrets How Does Generative AI Work.pdfSam H
At its core, generative artificial intelligence relies on the concept of generative models, which serve as engines that churn out entirely new data resembling their training data. It is like a sculptor who has studied so many forms found in nature and then uses this knowledge to create sculptures from his imagination that have never been seen before anywhere else. If taken to cyberspace, gans work almost the same way.
Personal Brand Statement:
As an Army veteran dedicated to lifelong learning, I bring a disciplined, strategic mindset to my pursuits. I am constantly expanding my knowledge to innovate and lead effectively. My journey is driven by a commitment to excellence, and to make a meaningful impact in the world.
LA HUG - Video Testimonials with Chynna Morgan - June 2024Lital Barkan
Have you ever heard that user-generated content or video testimonials can take your brand to the next level? We will explore how you can effectively use video testimonials to leverage and boost your sales, content strategy, and increase your CRM data.🤯
We will dig deeper into:
1. How to capture video testimonials that convert from your audience 🎥
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3. How you can capture more CRM data to understand your audience better through video testimonials. 📊
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Affordable Stationery Printing Services in Jaipur | Navpack n PrintNavpack & Print
Looking for professional printing services in Jaipur? Navpack n Print offers high-quality and affordable stationery printing for all your business needs. Stand out with custom stationery designs and fast turnaround times. Contact us today for a quote!
Memorandum Of Association Constitution of Company.pptseri bangash
www.seribangash.com
A Memorandum of Association (MOA) is a legal document that outlines the fundamental principles and objectives upon which a company operates. It serves as the company's charter or constitution and defines the scope of its activities. Here's a detailed note on the MOA:
Contents of Memorandum of Association:
Name Clause: This clause states the name of the company, which should end with words like "Limited" or "Ltd." for a public limited company and "Private Limited" or "Pvt. Ltd." for a private limited company.
https://seribangash.com/article-of-association-is-legal-doc-of-company/
Registered Office Clause: It specifies the location where the company's registered office is situated. This office is where all official communications and notices are sent.
Objective Clause: This clause delineates the main objectives for which the company is formed. It's important to define these objectives clearly, as the company cannot undertake activities beyond those mentioned in this clause.
www.seribangash.com
Liability Clause: It outlines the extent of liability of the company's members. In the case of companies limited by shares, the liability of members is limited to the amount unpaid on their shares. For companies limited by guarantee, members' liability is limited to the amount they undertake to contribute if the company is wound up.
https://seribangash.com/promotors-is-person-conceived-formation-company/
Capital Clause: This clause specifies the authorized capital of the company, i.e., the maximum amount of share capital the company is authorized to issue. It also mentions the division of this capital into shares and their respective nominal value.
Association Clause: It simply states that the subscribers wish to form a company and agree to become members of it, in accordance with the terms of the MOA.
Importance of Memorandum of Association:
Legal Requirement: The MOA is a legal requirement for the formation of a company. It must be filed with the Registrar of Companies during the incorporation process.
Constitutional Document: It serves as the company's constitutional document, defining its scope, powers, and limitations.
Protection of Members: It protects the interests of the company's members by clearly defining the objectives and limiting their liability.
External Communication: It provides clarity to external parties, such as investors, creditors, and regulatory authorities, regarding the company's objectives and powers.
https://seribangash.com/difference-public-and-private-company-law/
Binding Authority: The company and its members are bound by the provisions of the MOA. Any action taken beyond its scope may be considered ultra vires (beyond the powers) of the company and therefore void.
Amendment of MOA:
While the MOA lays down the company's fundamental principles, it is not entirely immutable. It can be amended, but only under specific circumstances and in compliance with legal procedures. Amendments typically require shareholder
VAT Registration Outlined In UAE: Benefits and Requirementsuae taxgpt
Vat Registration is a legal obligation for businesses meeting the threshold requirement, helping companies avoid fines and ramifications. Contact now!
https://viralsocialtrends.com/vat-registration-outlined-in-uae/
Digital Transformation and IT Strategy Toolkit and TemplatesAurelien Domont, MBA
This Digital Transformation and IT Strategy Toolkit was created by ex-McKinsey, Deloitte and BCG Management Consultants, after more than 5,000 hours of work. It is considered the world's best & most comprehensive Digital Transformation and IT Strategy Toolkit. It includes all the Frameworks, Best Practices & Templates required to successfully undertake the Digital Transformation of your organization and define a robust IT Strategy.
Editable Toolkit to help you reuse our content: 700 Powerpoint slides | 35 Excel sheets | 84 minutes of Video training
This PowerPoint presentation is only a small preview of our Toolkits. For more details, visit www.domontconsulting.com
4. Advantages to Independent Contractor
Relationships
Greatest Reason
Some workers prefer
independent contractor
status — greater
control over work
schedule & location and
more opportunity for
profit.
Great Reason
Quick and
efficient access
to expertise and
experience.
Greater Reason
Flexibility to
expand or contract
workforce to
accommodate
unexpected
workload
fluctuations.
Greatest Employer Reason
Lower employment costs.
5. Temptations to Misclassify
Unlawful Employment
Discrimination - Title VII
ADEA, ADA, ETC.
Fair Labor Standards Act
- Overtime Obligations
Employee Benefits
– ERISA
Union Organizing
- NLRA
Employment Taxes
Don’t Apply
- FICA
- FUTA
- Withholding
income taxes
Independent
contractors are not
covered by most
employment laws
Creates a sense of
At-Will protection.
7. 1. Categories 2. Control 3. Expenses
The Independent Contractor Test
How you categorize a worker. How you control the worker. How you manage their expenses.
8. Categories
If a worker provides services
that are a key aspect of the
business, it is more likely that
the business will have the right
to direct and control his or her
activities.
Although a contract may state
that the worker is an employee
or an independent contractor,
this is not sufficient to
determine the worker’s status.
Hire a worker with the
expectation that the
relationship is for a specific
project or period.
Don’t offer employee benefits
including things like insurance,
pension plans, paid vacation,
sick days, and disability
insurance.
What Makes an Independent Contractor
? ?
9. What Makes an Independent Contractor
I have a business.
I set my own schedule.
I can do the work.
I can hire others to do it.
Control
The worker needs to have
significant control when,
where, and how the work is
done.
More detailed instructions
indicate that the worker is an
employee. Less detailed
instructions reflects less
control, indicating that the
worker is more likely an IC.
The worker should have
freedom of obtaining help or
possible replacement of the
work for hire. Know that there
can be some restrictions do to
security issues.
If the business provides the
worker with training on how to
do the job, this indicates
employment!
I don’t have a business.
My work schedule is set.
I rec’d training for my job.
I can’t delegate my work.
10. What Makes an Independent Contractor
Expenses
An IC is usually paid by a flat fee
for the job. However, it is
common in some professions,
such as law, to pay contractors
hourly.
A time log can be required as
supporting documents for an
invoice.
IC’s are more likely to have
unreimbursed expenses than
are employees.
Can the worker incur a financial
risk in the performance or non-
performance of services? (i.e.
equipment, unfinished duties)
Expenses to perform the hired
task should be charged, not
reimbursed.
$
11. 300 60 90 120 180 210 240 270 300 365+
How integral is this position to the company?
How essential is this task to the operation of the business?
All the Time
Regularly
Seasonally
On
Occasions
Rarely
12. To Prevent Inheriting Unplanned Employees
Keep in Mind
It is recommended that you
require a contract stating this is
not:
- an offer of employment,
- a term for the work to be
completed is included, and
- a stated fee for the work.
- a task that is essential to the
business.
Refrain from controlling the
when, where, and how the task
is to be performed.
Prevent offering the IC
employee type benefits.
Refrain from allowing IC to
control your employees
(project management).
13. It’s Not How You
Pay Them, It’s How
You Treat Them!
The W’s of Being an Employee
Who
What
When
Where
&
How
What Makes An Employee
IRS Form SS-8
? ?
14. It’s Not How You
Pay Them, It’s How
You Treat Them!
When & where to do
the work.
What tools or
equipment to use.
What workers they hire
or to assist with the
work.
What work must be
performed by a specific
individual or what order
to follow.
Number of hours
worked is irrelevant
What Makes An Employee
? ?
15. Types of Employees
Statutory
Delivery Driver
A driver who
distributes
beverages (other
than milk) or meat,
vegetable, fruit, or
bakery products; or
who picks up and
delivers laundry or
dry cleaning, if the
driver is your agent
or is paid on
commission.
Statutory
Insurance Agent
A full-time life
insurance sales
agent whose
principal business
activity is selling life
insurance or
annuity contracts,
or both, primarily
for one life
insurance
company.
Statutory
Outside Salesperson
A full-time traveling or
city salesperson
working on your
behalf. Turns in orders
from wholesalers,
detailers, contractors,
restaurants, or other
similar establishments.
The goods sold must
be merchandise for
resale or supplies for
use in the buyer's
business operation.
The work performed
for you must be the
salesperson's principal
business activity.
Statutory
Home Based
An individual who
works at home on
materials or goods
that you supply and
that must be
returned to you or to
a person you name, if
you also furnish
specifications for the
work to be done.
17. Costly Mistakes!
May 23, 2014, Lowe's Home Centers agreed to settle a class action
brought by its home improvement contractors who allege that they
were misclassified as independent contractors instead of employees.
The maximum settlement amount, depending on the number of
contractors who file claims, is $6,500,000, plus an additional 25%
payment for plaintiffs' attorneys.
The complaint, originally filed in state court, alleged that Lowe's had
the right to control, and did control, all aspects of installation jobs by,
among other things, requiring that the installers:
• identify themselves as "installers for Lowe's" or "I work for Lowe's";
• wear Lowe's hats and shirts at work sites;
• use signs stating "Lowe's Installation";
• attend training by Lowe's; and
• comply with Lowe's production requirements.
19. Know that…
Step one
Federal & state
agencies are intent
on aggressively
investigating
misclassification of
employees as
independent
contractors.
Step two
Proceed with
caution!
Step three
Companies using large numbers
of "contractors" or other
types of "contingent" workers
are most vulnerable.
Step four
Lawyers for workers view
"misclassification" as another
chance to snatch big dollars
from unprepared,
unsuspecting companies.
Step six
Be consistent!!!
Step five
It is not what you
call the worker, it
is how you treat
the worker.
20. Watch Blurring the Lines!
Controlling the Who, What, When,
Where, How, & Why!
Employee
Can tell them who will do
what task
Can tell them what task is
to be performed
Can tell them when the
task is to be performed
Can tell them where the
task is to be perform
Can tell them how the
task is to be performed
Contractor
Can control only if there
specs/regs requirements
As long as there is bona-
fide reason
If there is a security, or
locality reason
If there is a security, or
locality reason
Really only the finished
product or same as above
21. Measure twice, cut once!
Check…double check…document, document, document…be proactive, not reactive!
Main Resources
www.IRS.GOV
Form SS-8
State Resources
www.laworks.net
Test similar to IRS,
specific to work done
in LA.
Your Company
Your Contracts
Your organization
Training your managers
Questions
www.SherryDarden.com
sherry@sherrydarden.com
24. Thanks So
Much For:
• Joining Me!
• Recognizing the Need for Clarity!
• Recognizing the Need for Compliance!
• Participating!
Sherry L Darden
Certified Professional Coach
Certified Master Business Development Specialist
www.SherryDarden.com
sherry@sherrydarden.com