Worker Client

1. BUILDING A
BUSINESS

2. Laurie M. Lee, Esq.
Business Attorney

3. THE FLYERS
THE GROUNDERS
VS.

4. Photo of a strongly built house
YOU NEED A PLANE.

6. CALENDAR
When are you
going to
address this
concern?
AUDIT SHEET:
ENTITY STRUCTURE
AUDIT SHEET:
GOVT REGULATIONS

7. CALENDAR
CONCERNS
QUESTIONNAIRE
When are you
going to
address this
concern?
AUDIT SHEET:
OWNER RELATIONSHIPS

8. HOMEWORK

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11. WORKER
RELATIONSHIPS
THOSE WHO SERVE YOUR CLIENTS

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

21. CALENDAR
When are you
going to
address this
concern?
AUDIT SHEET:
WORKER RELATIONSHIPS
CONCERNS
QUESTIONNAIRE

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23. CLIENT RELATIONSHIPS
H O N E S T A N D C L E A R E X P E C TAT I O N S

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.

31. CALENDAR
When are you
going to
address this
concern?
AUDIT SHEET:
CLIENT RELATIONSHIPS
CONCERNS
QUESTIONNAIRE

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33. ASSESS
&
PRIORITIZE

34. Q&A

35. HOMEWORK