Freelancer Management

Maximize Temp Worker Success: The KEY Strategy for Recruiters & Staffing Agencies

Maximize Temp Worker Success: The KEY Strategy for Recruiters & Staffing Agencies 2560 1707 Alicia East

Engaging temporary workers is a nuanced process under the best of circumstances. Juggling state-by-state and federal compliance with the regular burden of onboarding temp workers is one of the many reasons agencies traditionally focused on direct hires stay out of temp staffing. When temporary or contract workers are brought on for last-minute projects, those challenges are tenfold due to the time constraints, the amount of up-front work required to bring those workers on, and the fact that requirements vary from state to state. This post explores how engaging support from an Employer of Record (EOR) can help overcome these challenges and get workers onboarded and on the job quickly.

Understanding the Challenges

1. Completing Onboarding for Last-Minute Projects
One of the significant challenges staffing agencies face is the need to onboard temporary workers for projects that come up at the last minute. Without a previously-established system to handle these situations, the crunch time can lead to oversights and mistakes.

2. The Amount of Up-Front, Administrative Work Required
Engaging temporary workers involves a substantial amount of administrative work even before they start their assignments. This can include paperwork for employment, background checks, and more. For staffing agencies, it’s crucial to get this right, especially when dealing with large numbers of temp workers. The administrative burden can be overwhelming, diverting resources from other critical areas of operation and potentially leading to delays or errors in the onboarding process.

3. Varying Requirements from State to State
The United States’ decentralized approach to employment legislation means that onboarding and compliance requirements can vary significantly from one state to another. This presents a complex challenge for staffing agencies, especially those operating across multiple states. Agencies must navigate a maze of differing state laws regarding wages, overtime, breaks, termination, and more. This not only complicates the onboarding process but also increases the risk of non-compliance, which can lead to legal complications and financial penalties. Staying updated with each state’s requirements demands constant vigilance and adaptability, adding another layer of complexity to the onboarding of temporary workers.

4. Barrier to Entry to Temp Staffing
Even though temp staffing can deliver more advantageous profit margins, the barrier to entry can be large for a company that doesn’t already have the systems in place to address the challenges.

Engaging an Employer of Record

An EOR can play a significant role in overcoming the challenges of engaging temp workers. An EOR is a third-party organization that takes on the formal responsibilities of employment, such as payroll, taxes, and compliance with local labor laws. Here’s how an EOR overcomes the challenges associated with engaging temp workers:

1. Handling Compliance and Administrative Details
By handling the complexities of employment legislation, an EOR ensures that temp workers are onboarded in compliance with local laws, removing this burden from the company. This is especially helpful because requirements vary state to state.

2. Access to a Larger Talent Pool
For companies looking to hire temp workers from different locations, an EOR can facilitate the smooth onboarding of these workers in compliance with local laws (in PayReel’s case, that includes the U.S. and Canada!), widening the talent pool.

3. Streamlined Processes
EORs offer streamlined onboarding processes and best practices. This can improve the efficiency and effectiveness of bringing temp workers onboard.
Instantly Opens up a New Revenue Stream: An EOR is a partner that fills the void and breaks down the barriers to entry by enabling a more cost effective strategy for agencies looking to start or grow their temp staffing programs. For example, as an EOR with these systems established, PayReel enables agencies to add a turnkey temp staffing program / revenue stream overnight without any additional investment on the agency’s part. For those already doing temp staffing, it’s a more cost effective solution that also addresses the compliance concerns.

The Bottom Line

Onboarding temp workers has unique challenges. Engaging an EOR (like PayReel) can enhance this process by addressing these challenges, including compliance concerns, access to a larger talent pool, efficient onboarding practices, and reducing the barriers to entry. A thoughtful approach to engaging temp workers can significantly contribute to their success and, by extension, the achievement of company goals.

Unlock the Power of Temp Staffing: How the Right Strategic Partner Can Change Everything

Unlock the Power of Temp Staffing: How the Right Strategic Partner Can Change Everything 2560 1440 Alicia East

Venturing into the realm of temporary staffing can seem like a daunting leap for agencies traditionally focused on direct staffing, especially when considering the hefty investment and complex infrastructure needed to get started. Engaging the right partner can lower those barriers to entry. An Employer of Record (EOR) mitigates the substantial upfront costs and compliance challenges, making the pivot to offering lucrative temporary staffing solutions not just possible, but seamless. Let’s explore how an EOR can be the key to unlocking a new dimension of services–without the headache of overhauling an entire operation. In short: forging a strategic alliance can be a very lucrative game-changer for staffing agencies.

How a Strategic Partnership Bridges the Gap For Agencies Looking to Recruit Temporary Talent

Lightens the Load

As the official employer, an EOR lightens the administrative load, simplifies the complexities of onboarding and managing payroll, and minimizes compliance concerns.

Sidesteps the Hassle of Building New Systems

An EOR enables painless, hassle-free expansion into temporary staffing by eliminating the need to build new systems or take on the associated costs and complexities. An EOR already has the operational frameworks in place to handle the accounting, HR, legal, and administrative functions traditionally needed for temporary workforce engagement.

Sharpens Focus on Core Strengths

Relieved of the burden of backend administrative duties, agencies gain the freedom to dedicate more energy toward core activities such as talent acquisition, business growth, and cultivating deeper client connections.

Delivers Cost-Efficient Workforce Management

With its streamlined and budget-friendly approach to managing a workforce, an EOR makes it financially viable to extend operations without compromising on efficiency.

Fast-Tracks Geographic Expansion

The necessity to establish separate legal entities for each new market is eliminated, allowing for rapid scale-up and market penetration without the usual legal roadblocks.

Accommodates Multiple Employment Scenarios

An EOR accommodates a variety of employment scenarios—whether it’s temporary, contract, or permanent positions— enabling tailored solutions that meet the unique needs of clients and candidates.

Enables Painless Scalability

With the infrastructure in place, scaling operations and adjusting to evolving business demands becomes embarrassingly easy.

The Bottom Line

An EOR allows staffing agencies to seamlessly integrate temporary staffing into their service portfolio, enriching their business model with minimal initial investment and operational adjustments. This strategic move not only diversifies revenue streams but also positions recruitment agencies at the forefront of flexibility and scalability in the competitive staffing arena. This opens doors to new prospects and lays the groundwork for revolutionary success. If you’re looking for a partner with a multifaceted strategy to surpass traditional limits and achieve scalable growth, we’re here for you!

Great Access Means Great Responsibility: Do Right by Your Contract Workers

Great Access Means Great Responsibility: Do Right by Your Contract Workers 2560 1442 Alicia East

In the era of digital transformation, data security has become a paramount concern, especially for companies that handle Personally Identifiable Information (PII). PII, which includes details that can be used on their own or with other information to identify, contact, or locate a single person, or to identify an individual in context, is a valuable asset that is increasingly targeted by cyber threats. Let’s talk about current and emerging threats to PII, the risks associated with storing this information on hard drives, and strategies to safeguard this sensitive data.

What Are Your Legal And Ethical Responsibilities?

Handling PII comes with significant ethical implications and responsibilities. Companies must not only comply with data protection regulations, such as GDPR in Europe and CCPA in California, but also ensure they are doing everything possible to protect the privacy and security of individuals’ information. This includes being transparent about data collection practices, obtaining consent, and providing individuals with control over their data.

In the event of a data breach, companies have the responsibility to promptly notify affected individuals and take immediate action to mitigate the damage. This is not only a legal requirement but also a matter of ethical responsibility to the individuals whose data has been compromised.

Current Threats to PII

Cyber threats have evolved significantly, becoming more sophisticated and harder to detect. Phishing attacks, ransomware, and malware are among the top threats companies face. Attackers often target systems where PII is stored, aiming to steal or encrypt the data for ransom. Hard drives, traditionally used for storing data, have become prime targets due to their vulnerability to these attacks.

Emerging Threats

The landscape of cyber threats is continuously evolving, with new threats emerging as technology advances. Deepfake technology, AI-driven phishing attacks, and quantum computing pose new risks to data security. These technologies can bypass traditional security measures, making it imperative for companies to adopt more advanced and dynamic strategies to protect PII.

The Risk of Storing PII on Hard Drives

Storing PII on hard drives is inherently risky. Hard drives can be physically stolen, and the data on them can be accessed by unauthorized individuals if they are not properly encrypted. Moreover, hard drives are susceptible to failures and damage, which can lead to data loss.

Addressing the Risks

True security for PII requires a more robust system than just hard drives. Companies are increasingly turning to encrypted cloud storage solutions, which offer advanced security features such as end-to-end encryption, multi-factor authentication, and regular security audits. These solutions not only protect against unauthorized access but also provide redundancy to prevent data loss.

Furthermore, companies are implementing strict access controls and monitoring systems to ensure that only authorized personnel can access sensitive information. This is particularly important in managing the risks associated with contract workers. By limiting access to PII to only what is necessary for each role and continuously monitoring for unusual access patterns, companies can significantly reduce the risk of data breaches. Third-party penetration tests are also an effective way to stay ahead of would-be attackers.

Engage partners that take security as seriously as you do and who follow the best practices for themselves. One of the biggest benefits of working with an Employer of Record (EOR) like PayReel 👋, is that we’ve already built the infrastructure to protect clients’ resources, contracts, and data at all times with multi-leveled security systems.

The Bottom Line

As cyber threats continue to evolve, so too must the strategies for protecting PII. The risks associated with storing sensitive information on hard drives highlight the need for a more secure approach, such as encrypted cloud storage and strict access controls. Companies must recognize the ethical implications and responsibilities that come with handling PII, ensuring they adopt practices that protect the privacy and security of individual data. In doing so, companies can not only safeguard against current and emerging threats but also build trust with their customers and the wider public.

The Game of Workforce Management is Changing: Three Topics Making News

The Game of Workforce Management is Changing: Three Topics Making News 8256 5504 Alicia East

The current employment landscape in the U.S. is shaped by several critical topics, reflecting ongoing changes and challenges in the workforce. Let’s talk about the three employment topics we’re seeing right now.

Three Current Employment Topics and What They Mean for Business

1. The Great Reshuffle: Initially termed as ‘The Great Resignation,’ this phenomenon saw millions of workers quitting their jobs in 2022 and 2023. The trend has evolved into ‘The Great Reshuffle,’ highlighting a dynamic where high quit rates are matched or exceeded by hiring rates, as workers seek better work-life balance, increased compensation, or stronger company cultures. This reshuffle has impacted industries differently, with leisure and hospitality experiencing high attrition rates, while industries like financial activities and manufacturing show lower quit rates due to their stability and higher pay​​.

2. Labor Shortage: A significant labor shortage persists, driven by multiple factors including early retirements, an aging workforce, reduced international migration, and a lack of access to childcare. The labor force participation rate has declined, contributing to a mismatch between job openings and available workers. This shortage is widespread, affecting nearly every state and industry, despite more Americans working today than before the pandemic​​. One of the ways companies are combating this challenge is engaging a contingent workforce to fill the gaps.

3. The Fair Labor Standards Act (FLSA): The upcoming changes on a federal level play a pivotal role in shaping the management of the contingent workforce in the United States. The changes to the legislation will greatly impact the segment of the workforce that is made up of temporary, part-time, freelance, and contract workers. The biggest change is that the legislation tightens the definition of an independent contractor. This makes accurate worker classification more important than ever. Misclassification of employees as independent contractors can lead to legal and financial repercussions, underscoring the importance of compliance. Employers must navigate these complexities to manage their contingent workforce effectively, balancing flexibility with compliance to safeguard workers’ rights under the FLSA.

The Bottom Line

The changes in the workforce–from the labor shortage to the FLSA’s impact on contingent workforce management underscores a broader need for employers to stay informed and agile in their labor practices. As the nature of work continues to evolve, accurate worker classification and a focus on compliance remain central to good business practices. Need help navigating? We’re here to help.

Engaging a Contingent Workforce: The Strategic Advantages and Drawbacks

Engaging a Contingent Workforce: The Strategic Advantages and Drawbacks 2560 1920 Alicia East

Throughout the labor shortage that has plagued businesses in recent years, many have turned to new strategies to fill roles and ensure continuity and growth. One such strategy is engaging a contingent workforce to fill the gaps. Everyone from small businesses to Fortune 500 companies like Google have leveraged this approach to drive success. While it’s not a new strategy, its prevalence is increasing because it allows companies to address immediate staffing needs while also offering businesses the ability to adapt quickly, access specific skills as needed, and save money.

Benefits of Engaging a Contingent Workforce

Flexibility and Scalability

A contingent workforce–made up of freelancers, independent contractors, consultants, and contract workers–provides unparalleled flexibility. Companies can scale their workforce up or down based on demand without the long-term commitments associated with permanent hires. This ability to swiftly adapt to market dynamics enables businesses to remain competitive and responsive to emerging opportunities or challenges. For instance, a retailer may engage contract workers during seasonal peaks or sports franchises may engage them for games and other large events. This allows them to manage the increased short-term demand while also ensuring a positive customer experience without changing their operational headcount or adding to the burden of permanent overheads.

Access to Specialized Skills

Engaging contract workers allows businesses to tap into a global talent pool with specialized skills that might not be available in-house. This is particularly beneficial for projects requiring niche expertise or for filling gaps in the existing workforce’s capabilities. For example, a tech company can hire a freelance cybersecurity expert for a short-term project to enhance its data protection measures, thereby benefiting from top-tier expertise without the need for a permanent position.

Cost Efficiency

Contract workers can also lead to significant cost savings. Businesses can reduce expenses related to benefits, taxes, and other employee-related overheads. Additionally, the pay-for-performance model common with contingent workers ensures that companies pay only for the work needed and completed, maximizing return on investment. This cost efficiency not only improves the bottom line but also allows for the reallocation of resources toward innovation and strategic initiatives.

Sounds Great. What are the Drawbacks of Engaging a Contingent Workforce?

While engaging a contingent workforce offers numerous benefits, it’s crucial to acknowledge and manage the inherent challenges.

Increased Burden of Onboarding and Training

One significant obstacle is the administrative burden associated with onboarding, training, and managing payments for temporary workers. Contract workers require onboarding every time a company engages them which can strain HR and administrative resources. Tailoring training programs for short-term employees also demands additional planning and investment to ensure they can contribute effectively and immediately.

Compliance Concerns

Another critical challenge is the risk of misclassifying workers. The legal landscape around contract employment is complex and varies by jurisdiction and is only increasing in significance with recent federal legislation. Incorrectly classifying an employee as a contractor can result in legal complications, financial penalties, and damage to reputation. Businesses must navigate these regulations carefully to avoid unintended consequences.
To mitigate these drawbacks, companies should invest in streamlined onboarding processes, offer targeted training that maximizes the impact of contingent workers, and stay informed about the legal requirements for worker classification. By proactively addressing these challenges, businesses can continue to leverage the contingent workforce as a strategic asset while minimizing potential downsides.

The Bottom Line

The labor shortage presents a significant challenge, but it also offers an opportunity for businesses to rethink their workforce strategies. By embracing the contingent workforce, companies can enjoy flexibility, access specialized skills, achieve cost savings, and increase their agility. As the business landscape continues to evolve, the ability to adapt and innovate with the help of a diverse and skilled contingent workforce will be a key differentiator for success. If you’re wondering how engaging a contingent workforce could impact your business from an administrative and compliance perspective, we’re here to help!

Do You Direct Source Talent? This One Thing Might Make You Want to do a Happy Dance

Do You Direct Source Talent? This One Thing Might Make You Want to do a Happy Dance 2560 1707 Alicia East

While some companies prefer to outsource their talent search and the related details, others rely on their own internal systems to find talent (i.e. direct sourcing). This means a company or organization recruits and hires temporary workers without the involvement of traditional staffing agencies or intermediaries. The company takes on the responsibility of identifying, recruiting, and managing temporary employees on its own. We’ll cover the benefits of direct sourcing as well as discuss the advantages of engaging an Employer of Record (EOR) when direct sourcing talent.

Benefits of Direct Sourcing

For companies with the appropriate internal structures in place, direct sourcing offers some benefits.

  1. Brand Engagement: Direct sourcing allows companies to directly engage with potential temporary workers and showcase their employer brand. This direct connection can enhance the company’s reputation and attract a pool of candidates who are specifically interested in working for that organization.
  2. Cost Savings: Direct sourcing can potentially result in cost savings for the company compared to using external staffing agencies. By managing the process internally, the organization may avoid paying additional fees associated with agency services.
  3. Customization: Companies can tailor their recruitment process to fit their specific needs and culture. This customization may result in better alignment between the temporary workers and the company’s values and expectations.
  4. Control and Flexibility: Direct sourcing provides greater control over the entire recruitment process and allows the organization to be more flexible in responding to changing workforce needs. This can be particularly helpful in industries with fluctuating demand for temporary labor.

Benefits of Engaging an Employer of Record When Direct Sourcing Talent 🌟

While direct sourcing offers several advantages, it also comes with challenges. The administrative burden and the responsibility of complying with labor laws and regulations often top the list of concerns. Companies need to ensure that they have the resources and expertise to effectively manage and support a temporary workforce engaged through direct sourcing. An EOR allows companies that want to source talent directly to offload the aspects of the process that are burdensome such as onboarding, worker classification responsibilities, and understanding regulations to help companies stay compliant.

When Does Engaging a Partner Make Sense?

An EOR fills the gaps and, in our case, (hi! 👋) offers custom solutions for your company’s specific needs. Companies without a department dedicated specifically to managing the details related to a contingent workforce have a great deal to gain from these services. A partner with the specific skills and bandwidth to manage the administrative details of engaging a contingent workforce can turn out to be priceless. Contact us for a free consultation!

Here’s What to Think About if You’re Expanding Your Business (And Therefore, Your Payroll)

Here’s What to Think About if You’re Expanding Your Business (And Therefore, Your Payroll) 2560 1707 Alicia East

If you’re planning to expand your business, one of your top priorities should be making sure you’re in position to classify and pay employees and independent contractors properly. This is especially important if you’re looking to hire people in any state without any red tape. Today, we’ll talk about what it takes to run payroll and when it’s helpful to engage a partner.

Doing Payroll Right

Since payroll is always a complex, high-stakes business, it’s worth investing anything required on the front end to make sure you do it right. Whether you train an in-house team or engage a partner, they need to be in position to classify correctly, stay on top of laws as they change, identify and respond to the different tax requirements, and have a system in place that allows the process to be simple, accurate, and fast. This helps you avoid future fines and legal battles.

Doing it right means doing the following:

  1. Learning local employment laws. This includes identifying regulations regarding working hours, holidays, sick pay, insurance, and more and having a (preferably automated) system in place to follow those rules.
  2. Onboarding workers. This includes collecting information such as name and date of birth as well as tax forms, background checks, benefit status, and work eligibility.
  3. Storing and securing data. Since you’re dealing people’s personally identifiable information (PII), you MUST have a way to secure that highly-sensitive data. The fines for mishandling data are serious, so you should be equally serious.
  4. Authorizing payments and ensuring your employees get paid accurately.  This includes identifying the appropriate deductions/taxes, keeping accurate records, paying on time in every location, sending out notifications, reporting as required to government institutions, etc.
  5. Having a system in place to identify and adjust to changes. You don’t always have time to wait weeks to adjust to new laws. Things evolve rapidly, so your system needs to be ready to evolve just as rapidly.
  6. Staying compliant. Laws are different from place to place and do change frequently, so your payroll management software solution should have systems in place to ensure  compliance wherever you operate.

Would Outsourcing Payroll Benefit Your Business?

Outsourcing payroll is especially valuable in certain situations. If a company needs to hire employees in multiple states, is growing rapidly, and/or needs to hire temporary workers frequently, engaging an Employer of Record (EOR) could be a game changer. An EOR mitigates compliance risks, increases payroll efficiency, and eases the administrative burdens of managing a workforce.

The Bottom Line

Payroll is one of the most complex and challenging aspects of operating a business and should be given appropriate attention by every business. When a company is growing, payroll is one of the most important aspects of business to have in good working order. The right people on your in-house team or the right partner are essential. If you think a partner would be beneficial to your business, reach out! Relax: We got it.

Direct Sourcing: How to Walk The Compliance Tight Rope

Direct Sourcing: How to Walk The Compliance Tight Rope 2560 1707 Alicia East

Direct sourcing allows businesses to place workers as needed and on a temporary basis. One of the biggest benefits is that they get to keep the best workers in the pipeline between projects and tap their pool of talent as needs arise. Direct sourcing is a great tool for managing a contingent workforce, but companies must remain vigilant to stay compliant.

Direct Sourcing And Risk & Compliance 

While direct sourcing is an incredible asset to companies, it’s important to keep risk, compliance, and payroll top of mind. 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.

Errors can be incredibly costly. Companies can be subject to heavy fines when they classify workers incorrectly or make mistakes with payroll. In addition, companies can face damage to their reputation and end up directing resources (including time) that could otherwise be directed elsewhere. Worker classification and payroll rules vary from state to state and on a federal level as well.

Since regulations change all the time, 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 worker classification and payrolling services as a part of its plan.

When is it Time to Engage a Partner?

For companies that use direct sourcing, engaging a partner for risk compliance, worker classification, and payroll can be an incredibly sound business move. A partner can fill in the gaps to fill payroll demands and other contingent workforce management. Companies without a specific department to fill these roles will be well served by engaging a partner with the bandwidth and skills to handle everything related to risk, compliance, worker classification, and payroll for a contingent workforce.

The best partner will be able to handle every type of worker a business employs. 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, let us know! This is our jam.  

Event Management And The Key to Making 1+1 Equal 10

Event Management And The Key to Making 1+1 Equal 10 2560 1707 Alicia East

The adage goes “If you want something done, ask a busy person.” But what about when you’re the one known for getting it all done? Whether you’re managing a massive event or a one-camera production, it’s time to think about multiplying your time. Engaging a partner who specializes in event management works out well for clients and workers alike. That’s because the right partner has all the tools and skills to be efficient in the worker management and payroll pieces of the process. Those skills require a huge learning curve, but when you engage someone who specializes in it, you skip all of that! It’s one of the quickest ways to increase bandwidth. When you delegate the pieces you don’t specialize in, everyone wins. Go ahead: Take some of that time saved to order yourself a World’s Best Boss mug to celebrate your victory.

Easy Events 

The right partner can handle any event, whether you’re payrolling thousands of workers, sending a crew to an NBA game, or something in between. Knowing some of the major details are handled frees you up to focus on other details (of which there are always plenty!).  

Events don’t operate on a nine-to-five schedule and neither do we. The right partner needs to be able to operate with the reality of your schedule. An after-hours phone number to provide speedy answers can come in clutch in time-sensitive situations. Our online system allows clients to take care of just about anythingand at any hour! PayReel handles all the paperwork and the bonus is that we do it without any actual paper. Not having to sift through piles of identical paperwork cluttering up your desk and your headspace makes the process quicker and easier for you and for your workers.

Speedy Payment And Paper-Free Paperwork Makes Happy Workers

Happy workers make smoother events. By managing all the payment details, including the mountains of W-4s, payroll becomes a non-event. Workers submit timecards on Mondays and we pay them on Fridays. When they’re paid quickly, they don’t need to call your office, which frees you up to do your job better. Of course, it also keeps workers happy so they are free to focus on your project and happy to come back for your next event. 

The last thing you need once you’ve hired people is to lose their loyalty on the back-end details. Whether they’re working for one day or over multiple events for months, we make sure workers get paid quickly and accurately so if you want to bring them on again, they’ll be ready to pick up the call.

We’re devoted to making every single client and worker interaction a good one, which makes working with you mighty attractive for workers.

The Bottom Line

In short: the key to multiplying your time is delegating/engaging partners whenever it makes sense. Clients work with PayReel because we make event management easier and free up clients’ time for the things they do best. Our team manage event payroll and payroll taxes and, as the employer of record, we even take on much of the risk associated with a variable workforce. Think you might benefit from hiring a payroll service? Contact us at 303-526-4900.

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.