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.
The COVID-19 pandemic and its resulting school and daycare closures quickly revealed gaps in childcare assistance for working parents. By now, it is well known that working parents with school age children have had to make challenging decisions due to the conflicting demands of working and caretaking during the pandemic. But even when the pandemic is behind us, working parents will continue to manage these conflicting demands. For example, if a child’s school closes for a day, difficult childcare challenges can result for their working parents.
If you are wondering whether your word or a promise to someone still has value, Alex Sheen, a 5-time TedxTalk speaker and one of the world’s foremost experts on accountability and his many followers are living proof that they do. While drafting his father’s eulogy in 2012, Alex kept coming back to the way his father always did what he said he would do—he followed through on his verbal commitments and kept his promises.
As we go into the one-year anniversary of the COVID-19 pandemic, it would be hard to ignore the mental health impact this last year has had on most employees. The stress and uncertainty of dealing with changing circumstances and inadequate resources have put even the staunchest employee on edge.
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