Compliance

  • Alicia East
  • No Comments

Meet Our New Compliance Specialist
Meet Our New Compliance Specialist 450 695 Alicia East

We are very happy to welcome Jamie Pavlunenko, our new Compliance Specialist, to the team! 

Jamie has owned her own Professional Branding and HR Consulting business for the last decade with a prior history in HR leadership roles. She leverages a strong attention to detail to guide businesses in crafting policies and programs that comply with local, state, and federal regulations. Additionally, she utilizes robust written and verbal communication skills to deliver HR-related communications that are clear, concise, and understandable for all stakeholders. She is passionate about helping individuals and businesses reach their maximum potential. Jamie resides in Summerville, SC with her husband, two teenagers, and three dogs. She loves reading, camping, rodeo (she let her baby grow up to be a cowboy), and softball (with her travel-baller). She holds an MBA in Organizational Development and the Certified Professional Resume Writer credential.

Something else: Jamie is a violinist and volunteer for a local coonhound rescue!

  • Alicia East
  • No Comments

Do You Engage Independent Contractors in California? Be Afraid. Be Very Afraid.
Do You Engage Independent Contractors in California? Be Afraid. Be Very Afraid. 2560 1707 Alicia East

It truly is a tightrope walk doing business in California, especially if you engage independent contractors. Still, you don’t panic. Let’s talk about what makes California high risk (hint: worker classification tops the list), what’s at stake, and how businesses can protect themselves. 

Why is California Considered High Risk? 

California is considered the riskiest of the risky states for doing business. The Golden State is often the first to legislate an issue surrounding employment and other states often follow suit with similar laws. Whether you do business in the state or not, what happens there will affect you in one way or another. 

In addition to California’s worker classification rules (which are some of the most stringent in the country and where our focus will be today), California requires employers to walk a narrow path when it comes to sexual harassment training, privacy protections, meal wages, and more. 

Worker Classification

This is where California’s rules affect employers the most because it’s where it’s hardest for companies to classify workers as independent contractors. California’s approach to worker classification (among other topics) purportedly intend to protect workers and provide “the labor law protections to which they are entitled.” In addition to the federal legislation, states have free reign to make some of their own rules. True to form, California has some of the strictest requirements surrounding worker classification and it’s important for companies to pay attention because violators can expect to be subject to strict penalties such as fines, possible jail time, and damage to their reputations. 

What Makes Worker Classification Extra Tricky in California?

When California replaced the long-standing Borello test with the ABC test, it eliminated some of the gray area in deciding whether a worker is an employee or not. Workers can only be considered an independent contractor if all of the following apply:

(A) that the worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact;

(B) that the worker performs work that is outside the usual course of the hiring entity’s business; and (C) that the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed.

This is the narrowest definition of an independent contractor to date and puts more pressure on point “B” than ever before.

What’s at Stake For The Government?

Whenever a government agency legislates an issue, it’s reasonable to ask what the stakes are and how much attention they’ll give it. In this case, there is a ton of money on the line. To date, determining the differences and properly classifying workers have been highly complicated tasks, depending on factors such as the ability to hire or fire a worker, the kind of occupation, the method of payment, location and more. According to the court’s ruling in the Dynamex case, “the misclassification of workers as independent contractors rather than employees is a very serious problem, depriving federal and state governments of billions of dollars in tax revenue.”

The government’s concerns center around the fact that:

  • Independent contractors write off business expenses and may underreport income
  • Small businesses can avoid certain taxes with fewer W2 employees
  • ICs are more difficult to track and tax accurately than W2 employees

What Does it Mean For Business?

Some employers like this way of structuring worker classification because in theory, it gives workers more ownership in the company’s success. Others say it makes their business model unsustainable.

It’s point “B” of the ABC test that can be most challenging to the way many businesses operate. It states that a worker must perform “work that is outside the usual course of the hiring entity’s business” to be classified as an independent contractor. 

Some companies have restructured operations completely to avoid hiring more W2 employees (new laws have a way of precipitating new ways to get around said laws). Another way to avoid reclassifying is simply to operate business as usual and wait to be challenged. Smaller companies have been known to get away with this approach indefinitely.

What About The Workers?

Still, some independent contractors have been unhappy with the changes and expressed concern for their livelihood. Even if all the perks afforded an employee (healthcare, time off, etc.) bring them close to their original pay in practice, their paycheck may look a lot smaller on the surface. Many industries have been granted exemptions from the ruling, indicating that, as always, there is no simple cut and dry answer to an issue this complicated. 

Independent contractors set their own schedule and manage their own businesses. While independent contractors are still responsible for paying taxes, they can also take advantage of many write-offs. Along with the perks, they do have the responsibilities that come with owning their own business. They run their own books, pay quarterly taxes, advertise, purchase their own equipment, and deal with the seasonal nature of the biz. Independent contractors also don’t get paid time off and are responsible for purchasing their own health insurance.

Some workers prefer the stability and possibility for advancement that come with having a greater presence at the office and familiarity with the ins and outs of the company.

How Can Companies Mitigate Risk?

Unless a company is made up 100% of full-time employees, this subject is relevant. Mistakes could result in fines, back taxes, and even jail time. The first step is to stay well on top of worker classification rules. There are exemptions to the ABC test and they continue to evolve. Independent contractors fall outside the wage order’s protections so even some “employees” could still potentially qualify as independent contractors for all other purposes. Stay on top of classification news and how these changes play out in practice will continue to shake out in the courts and in the market going forward. Stay ahead of the game to see how these changes affect your business. California is embarking on the real-time evolution of the economy.

What Are The Stakes for Mistakes? 

Big companies like Uber make headlines for their missteps and pay equally big fines for their worker classification choices. Still, it can be a costly mistake to think it’s only the big companies that face consequences. By rescinding the Trump Administration’s “Worker Classification Rule,” the Biden administration made it easier for workers to argue for minimum wage and overtime protections/compensation. In addition to having to pay back 100% of the matching FICA taxes they would have paid had they classified the worker correctly up front, employers can end up subject to additional penalties such as the following:

  • $50 fine for each W-2 form they failed to file
  • A penalty equal to 1.5% of the employee’s wages 
  • $5,000 penalty for the first misclassified employee and up to $25,000 for each subsequent violation

Suffice to say, misclassifying workers does not save money in the long run. Perhaps scarier than the possibility of monetary damages, misclassification has landed some business leaders under house arrest. 

In addition, class-action lawsuits, failed audits, and negative headlines can damage a company’s reputation to the point where both workers and consumers are hesitant to engage with the company. It’s just not worth it!     

Bottom Line 

The most common mistakes when engaging contractors in California are misclassifying workers, (of course!), being lax about training requirements or privacy, and meal wage/overtime errors. 

As the economic landscape shifts and independent contractors rise in prevalence, the financial stakes and potential for missed revenue rise, too. In response, government agencies have been ramping up their focus on the subject. The IRS and DOL are not alone. States are joining the fray, attempting to crack down on misclassification while tightening the reins on training requirements, and payroll guidelines.

Where the money goes, lawyers follow. There’s big money in class action lawsuits and new cases are always being filed. While fear is never productive, you should be very, very conscientious when engaging independent contractors in California. Companies must be very vigilant to protect your business, stay compliant, and reduce the risk for fines and unpleasant attention from the IRS.

When is Engaging a Partner a Good Idea?

Examine your options: Working with an Employer of Record (EOR) or Professional Employer Organization (PEO) is standard best practice in this evolving freelancer economy. While both provide payroll and insurance services, the differentiating factor is that an EOR relieves employers of much of the regulatory risk involved in working with independent contractors while a PEO operates as a co-employer and does not assume the employment risk.

If you don’t have the in-house team to do it yourself, it’s worth considering working with a partner. The bottom line is that doing business in California is complicated and the consequences of errors can be immense. While the onus is on employers to classify workers correctly and stay in line with the state’s changing requirements, it’s possible to navigate a rocky landscape with relative ease.

In our world, accurate worker classification and top-notch risk management when it comes to overtime, meal wage, and other laws are always the priority. We are the first to be aware when change is in the air. We track rules in every state as well as on a federal level and offer services to help clients stay compliant. 

If you think a partner would help your business, contact us now. 

  • Alicia East
  • No Comments

What to Know About 5 Hot Employment Topics (From Pay Transparency to New Minimum Wages)
What to Know About 5 Hot Employment Topics (From Pay Transparency to New Minimum Wages) 2560 1707 Alicia East

Below is a roundup of resources on the recent hot employment topics, including those touched on by President Biden in his State of the Union. While we know a possible recession and inflation is on people’s minds as well, these are the topics we’re hearing most about on the employment side of things.

Roundup of 5 Buzzy Employment Topics

  1. Pay Transparency: This article gives an overview of each state’s laws and what they mean for employers.
  2. New State Minimum Wage: This article outlines which states have new minimum wages, what states will be changing rates in the coming years, and the history/implications of these rates.
  3. Pregnancy-Related Protections: This article gives a great overview of the PUMP Act, PWFA, and other pregnancy-related laws.
  4. State Family Leave: Colorado is among the states with new Paid Family and Medical Leave Insurance Obligations and this post covers other new developments in paid leave for 2023.
  5. Green Card Updates: President Biden addressed immigration reform in general, which is a broader topic, but knowing what to do with document updates is an immediate need.

The Bottom Line

Stay ahead of the game on changes to stay compliant and keep your company in good legal standing. If you don’t have an internal department in position to do this, it’s a smart business move to outsource to someone that does. If you think your business could benefit, let’s chat!

 

 

  • Alicia East
  • No Comments

What to Know Before Engaging Independent Contractors in High Risk States
What to Know Before Engaging Independent Contractors in High Risk States 2560 1697 Alicia East

Hiring independent contractors can be a great way to advance your business goals without hiring additional employees for the long term. Often, contractors are the best bet for accomplishing specific, creative tasks like rebuilding a website. However, if you engage independent contractors in any of the high-risk states, it’s important to take extra care to protect your business from the associated liability. 

Which States Are Considered High Risk And Why?

Laws around documentation and classification are complicated and in certain states, it’s even more so. There are federal rules around engaging independent contractors and each state has its own regulations as well. What’s more, the rules change often and, in some cases, they even contradict each other. Even so, it’s still possible to guard against the major concerns that accompany engaging workers in these states. 

Some companies dedicate entire departments to the task, but those without an internal team/human resources department that is equipped to address those needs should partner with a company that specializes in handling them. The best partners will be aware of these risks and on top of the changes as they happen. 

The following states are considered high-risk for engaging independent contractors:

  • California
  • Washington
  • Oregon
  • Indiana
  • Illinois
  • Wisconsin
  • Maryland
  • Pennsylvania
  • New York
  • New Jersey
  • Massachusetts
  • Connecticut

What Risks Will Employers Encounter?

Misclassification

While we tend to hear only about the major lawsuits against the big players (like Instacart), many companies misclassify workers without even realizing it. Moreover, a standard, objective test to determine whether a worker should be classified as an independent contractor or an employee doesn’t exist. That’s in part because each state has the power to determine some of its own rules.  

As we know, claiming ignorance is not an adequate defense strategy. Misclassifying workers can lead to fines, liability for unpaid wages and overtime, liquidated damages equal to the amount owed in unpaid wages, treble damages, attorney’s fees, tax and benefits liabilities, and more.

Audits

Even if you come out on the other side of an audit clean, it will be incredibly inconvenient and will divert resources and attention away from your business. Employers can quickly get themselves on the government’s radar by misclassifying workers. Having airtight processes–from the up-front paperwork all the way through payroll–is a good way to ensure workers are correctly classified and that they receive the corresponding benefits and accurate pay. 

Additional Training Requirements

In some states, workers are required to have additional training, which can be part of what contributes to their status as high-risk states. For example, California, Connecticut, Delaware, Illinois, and Maine all require Sexual Harassment Training at various intervals and job levels. While these are among the states that require such training, other federal regulations and court decisions make it clear that best practice is for all employers to provide anti-harassment training. Legal decisions at the federal level have demonstrated that failing to provide harassment prevention training makes companies extra vulnerable when issues come up. Precedent shows that employers without training may lose their ability to raise an affirmative defense in a harassment lawsuit. 

Would Engaging a Partner Benefit Your Business?

Engaging a partner whose core business addresses compliance concerns related to engaging workers in high-risk states has many advantages. If you think your company would benefit from having access to workers who are outside of your nexus, eliminating headcount changes, and mitigating risks, it’s time to consider engaging a partner like PayReel. Our system has defined processes for worker classification, payroll, and more. The system takes into account federal, state, and agency rules and includes a checks and balances process to ensure a solid precedent. Bottom line: We take compliance seriously! Contact us to talk about how this might benefit your business. 

  • Alicia East
  • No Comments

Do You Engage Independent Contractors? The States Where it’s Riskiest And What You Can do About it
Do You Engage Independent Contractors? The States Where it’s Riskiest And What You Can do About it 2560 1703 Alicia East

No matter where you are, engaging independent contractors comes with some risk to your business. You need to be ready to abide by a zillion (give or take) laws and regulations to make sure you stay compliant and in good standing with state and federal rules and regulations. In any of the high-risk states, it’s important to take extra care to protect your business from the associated liability.

Where is it Riskiest to Engage Independent Contractors?

California tops the list of risky states for engaging independent contractors. The laws there are never as simple as they seem at first blush, and the stakes for violations are high. California is considered a bit of a trendsetter in employment laws, so even if you don’t have workers there, the effects can reach your own states. In addition to the Golden State, Connecticut, Washington, Oregon, Indiana, Illinois, Maryland, Massachusetts, New Jersey, New York, Pennsylvania, Washington, and Wisconsin are all considered the riskiest places to engage independent contractors.

What Makes a State High Risk?

Laws around documentation and classification exist everywhere, but wherever they are more complicated, the risk of engaging contractors increases. On top of that, the regulations change often, and, in some cases, they even contradict each other. Yikes. This makes guarding against the major concerns (including audits, classification, and overall compliance) trickier. The good news is that it’s not impossible. Businesses without an internal team/human resources department that is equipped to address those unique needs should partner with a company that specializes in handling them and being proactive about changes as they happen. 

Misclassification/Compliance Concerns

While it’s usually the major lawsuits against uber-sized businesses (like, ahem, Uber), many smaller companies misclassify workers without even realizing it. There is not a standard, universal, objective test to determine whether a worker should be classified as an independent contractor or an employee. In addition, each state has the power to determine some of its own rules. So not only is it complicated, but the stakes for misclassification are quite high. Violations can result in hefty fines, back taxes with interest, and lawsuits.  

Audits

Audits don’t care if your mistake is intentional or innocent and they are incredibly inconvenient either way. Being sloppy about classifying workers or casual about documentation is one of the easiest ways to end up on the government’s radar. Businesses should have an airtight process–from the up-front paperwork all the way through payroll– designed to ensure workers are correctly classified and that they receive the corresponding benefits and accurate pay. 

Now What?

For companies without an internal team equipped to handle the issues, engaging a partner that addresses the concerns related to engaging workers in high-risk states is a slam dunk.

Here at PayReel, classification and compliance matters are at the core of our business. As such, we’re continually improving our system with a defined classification process that takes into account federal, state, and agency rules and includes a checks and balances process to ensure that the chosen classification has a solid precedent. We take compliance seriously on your behalf! Contact us if you want to see if a partner could make your business better or your life easier. 

 

 

  • Alicia East
  • No Comments

If You Hire a Contingent Workforce, Security MUST be a Top Priority
If You Hire a Contingent Workforce, Security MUST be a Top Priority 7952 5304 Alicia East

Ransomware attacks have caused supply chain disruptions, compromised medical care, and even canceled flights. The issue simply isn’t going away. Most of us have added two-step verification to everything from our NestCams to our grocery chain apps and taken increased steps in our own personal security. This is a good start, but businesses that have access to workers’ Personally Identifiable Information (PII) have extra responsibility. A mistake that compromises your own personal data is certainly an inconvenience, but if you fail when you’re handling other people’s data, it can be a crisis.

If you handle other people’s info, you simply must have solid measures in place so those trusting you with their data know they are in good hands. Ideally, they will never have to think about it. If they do, it likely means you’ve already messed up and you might even be in the headlines.

Security is Everything 

Can you think of many business functions in the world that access more priceless personal information and sensitive company information than hiring? The best systems, software, and teams mean little if they are vulnerable to security attacks. You’ll never make headlines for all your measures preventing an attack, but you’ll certainly make headlines the moment your efforts fail.

When you’re working on a big project and hiring enough workers to get the job done, the last thing you want to be burdened with is integrating all the systems to make sure you get it done securely. Building the infrastructure to hire and deploy a contingent workforce takes time and serious expertise!

How Do You Prevent a Security Breach And Stay Out of The News? 

The most secure organizations partner with and employ several internal and third-party resources to protect PPI as fiercely as possible.

At a minimum, we recommend you: 

• Encrypt everything at multiple levels
• Treat all sensitive information as Personally Identifiable Information (PII) and in accordance with HIPAA recommendations
• Keep sensitive data from going offshore
• Have third parties perform monthly security checks and an annual penetration test

What CEO Todd Keener Has to Say About Security

Among other things, Todd talks about how security and privacy needs to baked into company processes, culture, and procedures. While security has always been important, the issue has accelerated greatly in the last five years. Staying in front of the changes requires the company to have the issue front and center and ongoing processes to test their own systems. Third-party systems should be in place to continually adjust and have continual formal improvement baked into everything you do.

Bottom Line

One of the biggest benefits of working with an Employer of Record (EOR) like PayReel is that we’ve already built the infrastructure to follow all of the above recommendations. We protect clients’ resources, contracts, and data at all times with multi-leveled security systems.

Hey, you can let your PR company keep you in the news for good reasons. At PayReel, we specialize in keeping you out of the headlines you don’t want to be saddled with. Bottom line: You better check yourself before you wreck yourself and also have partners in place to help you.

Nichole Rose - Payreel
  • Alicia East
  • No Comments

Meet Nichole Rose—Our New Risk & Compliance Manager
Meet Nichole Rose—Our New Risk & Compliance Manager 250 333 Alicia East

Nichole Rose—our new Risk & Compliance Program Manager—stays ahead of the game to ensure  clients stay compliant. She covers Human Resources matters such as benefits, workers’ compensation, and wage and hour compliance. Staying on top of the ins and outs of risk and compliance is hard, time-consuming, high-stakes work. Isn’t it nice to know you have someone in your corner to keep some of the riskiest aspects of your business running smoothly and accurately?

As the oldest of 10 siblings who earned her undergraduate degree in teaching children with special needs, Nichole Rose’s background provided her leadership opportunities and a lot of experience helping others. As such, she is just the kind of person you want in your corner. Nichole Rose also has a wide knowledge of HR topics and a strong desire to do things by the book to keep people out of trouble. She will soon be sitting for PHR (a certification in professional HR) which requires her to do continuing education to stay on top of all the latest changes.

Nichole has served in HR roles for Lowe’s, a fast-food chain, and a manufacturing plant. She enjoys giving clients the information they need to make the best decision for their situation. She certainly doesn’t know everything, but if you have a question, she’s going to help you find out what you need to know.

Outside of work, you’ll find Nichole Rose watching baseball. Her favorite players are the Little Leaguers in her own house, but she enjoys watching the professionals, too. She loves her family (including her two dogs!), camping, fishing and sitting down with a good book.

models black and white runway - PayReel
  • Alicia East
  • No Comments

Risk And Compliance When Direct Sourcing (This is Non-Negotiable!)
Risk And Compliance When Direct Sourcing (This is Non-Negotiable!) 1920 1080 Alicia East

Using your own talent pool can be a wonderful way for businesses to meet their contingent workforce needs. Direct sourcing is the practice of finding and recruiting talent and then building, nurturing, and drawing from an internal network rather than enlisting a third-party. It’s an increasingly popular (and feasible) option and it has many benefits. Still, there’s one aspect of the practice that businesses must be absolutely sure to get right: risk and compliance!

Benefits of Direct Sourcing

Direct Sourcing allows businesses to place workers on a temporary basis, while keeping the best workers in the pipeline between projects. Building and nurturing an internal network means companies can draw from their own well, so to speak. There is no third party that will ever know a company and its needs better and cutting out the middle man can make the process quicker and more economical.

Risk And Compliance When Direct Sourcing

While finding your own talent and building your own network has many benefits, businesses need to be in position to do it in a way that protects them from liability. It’s not the glamorous part, but one of the most important parts to get right when direct sourcing is anything associated with risk, compliance, and payroll. Mitigating risk requires specialized skills, a great depth of knowledge, and a department with enough bandwidth to understand and follow rules on a state and federal level.

What’s at Stake?

You know who’s paying a lot of attention to all things risk and compliance? The government. As such, errors can be incredibly costly. In addition to heavy fines, offending businesses face damage to reputation and loss of resources–both financially and otherwise. The rules around classification and payroll vary from state to state and on a federal level as well. Regulations change frequently as well and hiring organizations must do due diligence to make sure they keep their practices compliant and their businesses in good standing. Any company using direct sourcing simply must also include effective independent contractor classification and payrolling services as a part of its plan.

Does Engaging a Partner Make Sense?

If there are any gaps in knowledge or capacity when it comes to risk compliance, worker classification, and payroll, engaging a partner makes good business sense.  In most cases, any company that doesn’t have a specific department to fill these roles will benefit greatly from engaging a partner with the appropriate bandwidth and skills. The best partner will be able to handle every worker type a business employs and will be equipped to handle everything related to risk, compliance, worker classification, and payroll for a contingent workforce.

When direct sourcing talent, many businesses find an Employer of Record (EOR) that takes care of all the administrative details of managing a contingent workforce is an indispensable part of their team.

If you’re considering whether an EOR would be helpful to your business, contact us! This is our jam.  

Paperwork - Payreel
  • Alicia East
  • No Comments

Would Your Business Benefit from Partnering With an Employer of Record? 
Would Your Business Benefit from Partnering With an Employer of Record?  2560 1707 Alicia East
Today we’re going to talk about what exactly an EOR is, who can benefit most from partnering with one and why, and what you can do today if you’re ready to cut that red tape and get out from under a mountain of onboarding paperwork.

Let’s start with what an Employer of Record (or an EOR) is.

And since taxes, benefits, and insurance are some of the most complex, risk-heavy parts of doing business (seriously, did you want to stress eat a cookie just reading those words?) it can be a game-changer for certain businesses.

So which businesses benefit the most from partnering with an EOR? 

Businesses with a lot of hiring needs on tight deadline find that an EOR can be an absolutely indispensable secret weapon. These businesses often…

  •  Need to hire a lot of freelancers without making hiring freelancers their main business.
  • Don’t have time to deal with the administrative problems and mountains of paperwork that come with hiring, paying, and insuring workers.
  • Have a hard time keeping their workforce happy because it takes a highly-trained team and airtight systems to pay quickly and accurately.
  • Worry about getting on the IRS’s radar because the laws are always changing any errors can bring on audits, fines, and penalties.
Don’t pick up that cookie…I have good news!
This exactly where an EOR can be a total game-changer because it eliminates red tape for hiring while also keeping those doing the hiring out of court.

An EOR serves as the employer and takes on all related responsibilities and liabilities while employees work for another company. Depending on the needs, an EOR does some or all of the following:

  • Makes hiring new workers (often one of the most painful parts of the process) easier and faster
  • Covers payroll management for freelancers
  • Maintains current headcount
  • Guarantees on-time payment
  • Handles all compliance issues
  • Provides workers’ comp and all necessary insurance for contractors
  • Conducts background checks and drug screenings
  • Terminates employees, administers benefits, and handles some worker issues

By doing all that, an EOR can eliminate or greatly reduce the need for an HR department.

In short, an EOR turns a mountain of hiring paperwork (certificates of insurance, I-9s, E-verify forms, and so on) into a molehill.

Here’s what to do today if you think you might benefit from partnering with an EOR

If partnering with a company that specializes in these services and has existing systems in place would help you move your projects forward and keep your hands off those cookies, fill out our form at PayReel.com and we’ll talk through solutions for your unique situation. 

Broken pencil and paper - PayReel
  • Alicia East
  • No Comments

You Have Better Things to do With Your Time Than an Audit
You Have Better Things to do With Your Time Than an Audit 5548 3699 Alicia East

The court battle over which workers can be classified as independent contractors versus employees does affect your business whether you want to think about it or not. Whatever the IRS makes a priority  of a topic will soon be the focus of audits, too. In short: that means anyone with workers must be well-versed on worker classification.

 

Independent Contractors (ICs) are self-employed, hired to do a specific job, and receive payment only for the work performed. Unlike a regular employee, they pick their jobs and regularly move from client to client, business to business. Also referred to as freelancers, consultants, and 1099’s, they report their own business income and pay self-employment taxes.

Hiring an IC is attractive to companies looking for outside creative resources who want to outsource work that is not central to their main line of business. The work is project-oriented and is typically completed in a short amount of time. It’s also easier on the budget to pay your IC as a vendor, not as an employee.

Sounds nice, right? But there’s a big catch.

The IRS has very strict guidelines that define true business-to-business relationships. These guidelines are meant to prevent firms from misclassifying would-be employees, thereby avoiding a bounty of state and federal taxes.

Is your IC really an independent contractor?

This is a deceptively complex question. It’s important to justify your “yes” because of the high audit risk associated with loose practices around independent contractors.

Best Practices:

  • Contractor has an established business entity and EIN
  • Contractor provides services to multiple clients
  • IC provides certificates of insurance, including general liability insurance and worker’s comp
  • Company and contractor have a signed services agreement
  • Agreement specifies project length, compensation and liability

When working with your contractors:

  • Do not train a contractor, direct their work responsibilities or define their work schedules
  • Independent contractors should use their own equipment
  • Do not provide any employment benefits, such as health insurance and corporate stock options
  • Contract on a per-project basis
  • Keep in mind that this is a business-to-business relationship

Prevent an Audit/Years of Headaches

Audits are costly and time-consuming even for businesses that do everything by the book. How much are you willing to pay in time and hassle for employee misclassification? If you have any questions about independent contractor status, trust PayReel to help you make the determination.

We screen each employment situation carefully to assess the entire relationship to make sure you are in complete compliance. Call us at 303.526.4900 or email info@payreel.com.

Enter your
text here

LOG IN TO PAYREEL ONLINE

Contact Us