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Independent Contractors Employment Tax

Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent... more +
Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent contractor is not always an easy determination. However, due to differences in tax and liability treatment, misclassifying an employee as an independent contractor can have serious consequences. Autonomy is the defining feature of independent contractor arrangements. Independent contractors control the manner and method of how work is performed while payers control the desired result. Control over schedule and number of hours worked, ownership of equipment or tools, permanency of relationship, and acceptance of jobs from multiple entities are all possible factors in determining whether a worker is an employee or independent contractor.   less -
Littler

July is Still the New January! Littler’s Workplace Policy Institute’s Mid-Year Legislative Report

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Hot off the press – here is Littler’s mid-year report!  As federal regulators, states and cities continue to pass new workplace regulations through the calendar year, we summarize each state’s notable labor and employment law...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Where Digital Nomad Visas Miss the Mark

Countries around the globe are establishing digital nomad visa regulations to allow foreign employees to enter the countries and work exclusively for foreign employers for short periods of time—generally, between six and...more

Schwabe, Williamson & Wyatt PC

Revised FLSA Rule on Independent Contractor Classification

On January 9, 2024, the U.S. Department of Labor’s Wage and Hour Division announced a ‎final rule that revises the DOL’s interpretation of worker classification (employees versus ‎independent contractors) under the Fair Labor...more

Carr Maloney P.C.

Changes to the IRS/DOL Definition of "Independent Contractor"

Carr Maloney P.C. on

Effective on March 11, 2024, the definition of independent contractor will change for purposes of entitlement to overtime and payment of employment taxes....more

Kohrman Jackson & Krantz LLP

Common Mistakes New Business Owners Make & How to Fix Them

Starting a new business? The U.S. Bureau of Labor Statistics indicates that 20% of new businesses fail in the first two years, 45% in the first five years. As daunting as those figures may seem, there are measures you can...more

Fox Rothschild LLP

The Taxman Cometh: How to Handle an EDD Audit [Click Here if You Received an “Inquiry Regarding Records,” a “Preaudit...

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The EDD is aggressively pursuing unemployment tax audits aimed at evaluating potential independent contractor misclassification. Presumably due to the overwhelming financial burden the pandemic imposed, the EDD is pursuing...more

BCLP

Off-payroll working rules to be repealed from April 2023

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In its Growth Plan 2022 published today, the Government confirmed that the 2017 and 2021 reforms to the off-payroll working rules, also known as IR35, are due to be repealed from 6 April 2023. The Growth Plan is intended to...more

BCLP

UK HR Two-Minute Monthly: Covid dismissals, Early Conciliation and IR35, plus news on hybrid working, fire/rehire and the...

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Our June update looks at case law developments relating to health and safety dismissals for remaining away from/expressing concerns about Covid in the workplace, the consequences of not complying with the strict requirements...more

Freeman Law

Section 530 and IRS Employment Tax Audits: Worker Classification and Relief

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Worker Classification and Section 530 Relief - Employers are required to pay employment taxes to the IRS. Generally, these payments consist of two portions: the employee’s portion of FICA and income taxes and the employer’s...more

Ward and Smith, P.A.

Getting Rid of the Misnomer: The Risks Behind the Term "1099 Employee"

Ward and Smith, P.A. on

While many employers use the term "1099 employee" as a means to distinguish independent contractors from the company's W-2 employees, no such term exists from a legal standpoint.  In fact, in addition to being inaccurate,...more

Eversheds Sutherland (US) LLP

Tread carefully: Global pay and employee benefits traps for the unwary

This briefing highlights a number of international pay and employee benefits legal issues that carry potentially severe penalties. Each of these issues is well worth a review now to avoid future consequences. International...more

Burr & Forman

2021 Update – IRS Misclassifications and Costly Penalties: Independent Contractor or Employee

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The IRS maintains its own test for classifying independent contractors.  Misclassification may result in expensive penalties to the employer. Independent contractor rules have been the source of a fair amount of media...more

King & Spalding

The Big Questions for Employers in the UK for 2021

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2020 was a year of exceptional change for employers and their staff. As the pandemic unfolded, businesses navigated their way through adjusting to a remote workforce to furloughing to creating COVID-secure workplaces and...more

Freeman Law

The Federal Tax Law and Lawyers

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In many respects, operating a law firm is no different than any other business. Specifically, the law firm generates revenues through providing services to its clients and incurs various operating expenses throughout the...more

McDermott Will & Emery

UK Employment Law: 2019 Highlights and 2020 Forecast

As we move into 2020, there are a number of UK employment law developments on the horizon that require some preparation. The New Year is also a good time to take stock of key developments from the previous year to make sure...more

Ballard Spahr LLP

NJ DOL Bills Uber $650M for Misclassified Drivers

Ballard Spahr LLP on

The New Jersey Department of Labor (NJ DOL) billed Uber Technologies, Inc. and a subsidiary $650 million for past-due taxes, interest, and penalties due to an alleged misclassification of its drivers as independent...more

Littler

Restructuring Operations in the Wake of California AB 5? Don’t Overlook the Tax Implications

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Businesses with operations in California have begun to identify options and implement strategies for compliance with Assembly Bill (AB) 5, which imposes the ABC test for identifying whether a worker is an independent...more

Epstein Becker & Green

NJ Department of Labor Adopts Regulations on Suspension and Revocation of Employer Licenses

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Continuing New Jersey’s efforts to eliminate and to hold employers accountable for employee misclassification, the state’s Department of Labor and Workforce Development (NJDOL) recently adopted Regulations implementing a 2010...more

Burr & Forman

Federal Employment Taxes: Employee-Independent Contractor Issues (Part 5)

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Section 530 Relief - Employers that have workers which the employer classifies as “independent contractors” (Form 1099) risk having these workers reclassified by the IRS as employees. This is a major audit area for the...more

Burr & Forman

Federal Employment Taxes: Employee-Independent Contractor Issues (Part 4)

Burr & Forman on

IRS Voluntary Worker Classification Settlement Program - Employers that have workers which the employer classifies as “independent contractors” (Form 1099) risk having these workers reclassified by the IRS as employees....more

Burr & Forman

Federal Employment Taxes: Employee-Independent Contractor Issues (Part 3)

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IRS Form SS-8 Determinations of Employee Status - Employers that have workers which the employer classifies as “independent contractors” (Form 1099) risk having these workers reclassified by the IRS as “employees.” This...more

Burr & Forman

Federal Employment Taxes: Filing and Payment Requirements for Employers (Part 1)

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Employers that pay wages and other forms of compensation to their employees must comply with federal tax return filing and payment/deposit requirement. Employers that receive services from non-employee contractors and make...more

Hogan Lovells

PAYE and the independent contractor

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"The agreement states that I am an independent contractor, so why is PAYE being deducted?" Employers are often faced with the question of whether or not to deduct employee's tax (Pay-As-You-Earn/PAYE) from persons who...more

Fox Rothschild LLP

Are Your Independent Contractors Really Employees?

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If business owners are not concerned about the make-up of their workforce, they should be. In recent years, the number of lawsuits concerning misclassification of employees has risen exponentially. This is because companies...more

Clark Hill PLC

Worker Classification Update

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On July 20, 2017, the Internal Revenue Service ("IRS") issued a reminder for small businesses on the importance of correctly classifying workers as employees or independent contractors. Employers failing to do this correctly...more

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