Misclassifying workers is one of the costliest mistakes in all of personnel management. Even as the cost of employing workers rises, facing an audit of workers you put on 1099 can mean an expensive payroll tax assessment – one that often ends in bankruptcy. Although the IRS has remained relatively consistent in its evaluation of working relationships, many states are forcing more and more workers to be put on the payroll.
What makes an independent contractor? Most of the answer is in that title itself. To establish that a worker is not an employee, you must show independence in the working relationship. That is, what factors (pay, tools and equipment, work hours, manner and means of performing services, etc,) does the worker have some or all control over? Then you need to consider the contract under which the worker and the business are bound. Is there a risk of loss to the worker? Which party is responsible for which expenses? Does the worker have obvious signs of being in business for him or herself? The more an independent contractor agreement looks like an employment agreement, the more likely you are misclassifying those workers.
So Join Mark in this important webinar for all hiring managers, as well as payroll and a/p personnel. With a few well-trained individuals in your company, you will gain peace of mind in your worker classification decisions. Take it from an ex-auditor – it is well worth the time and effort to properly conduct business with independent contracts as it is for your employees.
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Mark Schwartz in an employment tax specialist with over 25 years of payroll tax experience. He has been an employment tax auditor with the state of California. During that time he managed an audit caseload of over 25 businesses – ranging from home-based businesses to large multinational corporations. He understands the full range of employment tax law for both federal and state purposes.
For the last 15 years, Mark has helped hundreds of clients sort out confusing details in order to effectively run payroll operations. Mark prides himself on listening attentively to his clients, and not ceasing his consulting duties until the client is fully satisfied with the answers and advice.
Mark’s audio conferences are jam-packed with all details applicable to any given topic. He incorporates his experience with the laws and regulations – this gives audiences a leg up on applying the knowledge to their business. Furthermore, Mark is generous with this time for anyone who attends a live conference. He will help research anything on the given topic – free of charge.
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