Get answers to your most urgent questions about COVID-19 and its impacts to employee benefits, human resources, risk management and other issues. Our page provides articles and webinars on critical topics as well as other resources.
Knowing that life’s only two certainties are death and taxes, let’s turn our attention to how the IRS determines independent contractor status. Previously, the IRS used to apply a 20-factor test to determine whether or not an individual could be classified as an independent contractor. A number of years ago they moved to what they call a “common-law” test that focuses on the degree of control the business exercises in achieving its purposes versus the degree of independence the worker has to actually perform the tasks themselves.
As described in IRS Publication 15-A, the IRS will closely examine each of the following three areas: “behavioral control, financial control, and the type of relationship of the parties.” Let’s take a look at each.
The Federal Department of Labor (DOL) and its related state agencies are charged with making sure that employees are given the modern-day equivalent of an honest day’s pay for an honest day’s work. Employers who fail to do so can be subject to back-pay claims, penalties and attorneys’ fees.
Vaccines are here, government shut-downs are lifted, and some people are eager to get out of the house! Businesses may be flooded this summer with customers and visitors needing to be entertained, waited on, or serviced. And as summers go, teens are ready to ditch the screens (or classrooms if they were lucky) and hit the job hunt. So, if you are considering hiring one of these enterprising teenagers, it’s important to be aware of the special laws that govern the employment of minors.
As I mentioned in the previous post, the various regulatory agencies have stated their keen interest in rooting out misclassified independent contractors. In the context of work comp, there are two likely scenarios that could uncover a misclassification — a routine insurance carrier audit or a work-related injury suffered by an “independent contractor”. Since insurance companies regularly conduct audits for their clients, this article will focus an audit triggered by an independent contractor getting injured.
“If we get sued, you get sued!” Sounds warm and comforting, right? I bet you cannot wait to partner or contract with a company that already has litigation on its mind. Nevertheless, these types of statements are common, and once formalized by lawyers, are called “indemnification clauses.” They are often necessary but can be very broad and potentially catastrophic to your business.
Our national Employee Benefits Compliance Team is dedicated to helping you stay abreast of fast-changing legislative and regulatory developments and guidance related to health and welfare plans that could impact your business. This update will discuss guidance issued on the 2021 COBRA subsidy and changes making COVID-19 PPE a qualified medical expense.
The Employer Shared Responsibility Penalty (ESRP), introduced by the Affordable Care Act, requires applicable large employers (ALEs) to offer affordable and minimum value health coverage to their full-time employees (and their dependents), or to potentially pay tax penalties to the IRS. Whether you are new to the ESRP or your company is newly subject to the ESRP, this article covers some of the key details.
USI's national Employee Benefits Compliance Team is dedicated to helping you stay abreast of fast-changing legislative and regulatory developments and guidance related to health and welfare plans that could impact your business.
Send a Message
Find a Location