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Independent Contractor Or Employee? How To Avoid Misclassifying Your Workers

Webinar: ID# 1042262
Recorded On-Demand
About This Course:
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 their evaluation of working relationships, many states are forcing more and more workers to be put on payroll.

What makes an independent contractor? Most of the answer is in that title itself. In order 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 by.

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.
What You'll Learn:
  • Misclassification Facts - IRS estimates of lost revenue
  • Who Cares? - Variety of agencies that audit for this and why
  • FIT definition of employee
  • FICA/FUTA definition of employee
  • IRS 3 Part Test - the minimum standard for federal and state purposes
  • IRS pub 1779VII. State Determinations - how they are being narrowed year by year
  • Exposure. - How to determine your vulnerability to audit
  • Procedures for ensuring proper classification - how to tighten up your company procedures
  • Ancillary Issues
  • Electronic Filing and TIN matching
  • Backup Withholding

Top FAQs

A payroll audit typically occurs because either for many reasons: an employee makes a claim of unfair pay practices
It often depends upon which factors - such as pay, tools, equipment, work hours, manner and means of performing services, etc,) the worker has control over.
Payroll Administrators must be able to:
  • Properly "classify" workers
  • Apply the various exemptions
  • Calculate gross pay and properly make deductions
  • Correctly identify, pay, and withhold taxes for employees
  • Administer deferred compensation, cafeteria plan, sick pay, and other compensation
  • Handle stock options, expense reimbursements, relocation, and other "expenses"
  • Follow the proper policies, procedures, and documentation requirements for garnishments and levies
  • Properly complete and file all required reporting requirements
  • Correctly complete year-end requirements and establish year-beginning requirements
  • Implement and maintain fraud, audit, disaster recovery, and record retention processes and procedures
In addition to ensuring that employees are paid correctly and on time, "Payroll" has numerous time and reporting requirements. The primary payroll areas include paychecks, reporting, operations, and management.
In business since the mid-1990's, we have over 25 years of experience delivering high-quality training content via seminar, webinar, online, and other formats. Each of our courses are delivered by an industry expert who will share his or her years of experience to help you be in compliance, smarter, and more productive, and almost all offer SHRM and HRCI credits.
The company withholds income tax, Social Security, and Medicare from wages paid for employees, but none for Independent Consultants.
Payroll is much more than just handing out paychecks, and includes a variety of responsibilities such as handling garnishments, travel pay, multi-state taxation, unclaimed paychecks, and much more in a timely and accurate fashion.
Employees work directly for the company, which controls their work, pays their taxes, and often provides benefits, whereas the Independent Contractor is hired to do a specific job without the employee perks.
A payroll audit is a review of an organization's payroll procedures. It can be done internally for assurance or by an external entity such as the government in reponse to a complaint, lack or inconsistent reporting, etc.
While many payroll-related regulations are federally-governed, there also are many state requirements, including those for handling garnishment, final paychecks, and unclaimed paychecks. Each state's requirements differ in the details, so be sure to check your state's requirements by clicking the applicable link(s) at the bottom of this page.
Definitely! An audit can be done either by an internal person or outsourced to an expert, with the expectation of fixing or updating any issues to avoid fines, penalties, etc.
Continuing Education Credits:

Click the 'Credits' tab above for information on PHR/SPHR, PDCs, and other CE credits offered by taking this course.
Independent Contractor Or Employee? How To Avoid Misclassifying Your Workers
Available 3:15 till 4:45pm EST or via On-Demand
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