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  1. #31
    Join Date
    Aug 2017
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    9

    Default Re: Can You Require Independent Contractors to Follow a Dress Code

    Quote Quoting hr for me
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    Staffing agencies are generally either the employer of record or a co-employer with the client, but yes, they are often the employer of record and their workers are employees. Sometimes they can have IC/1099'ers, but again it gets back to those classification questions. I would ask your attorneys if they have considered the three factors and go over the SS-8 questions with your attorneys at your next meeting honestly to make sure you understand, because in the end it is you with the liability, not your attorneys.

    That article posted is a good one.

    In the end you are running a business and need to make sure that you are running it correctly and kudos to you for trying to learn more and get it right.

    One other thing to ask is if your IC/ee gets hurt on a job, whose insurance is going to cover it? The clients, your general liab insurance? You might want to check your general liability policy to make sure the ICs would be covered if that is what you are expecting.
    EXTREMELY good points! I'm going to take notes from this information to my meeting to discuss with the office, as well as bring the SS-8 to review.

    I was advised that as an IC, if they get injured due to how they chose to complete the job they selected to take, it is their medical situation to deal with, not mine or the client's. I'm definitely going to address that as well. That by itself could be a very scary situation with huge financial and legal implications. Especially if they are misclassified or are not- I guess "strong enough" (?) as their own entity to have that figured out or established. I'm not sure what the correct term would be there... I don't want that situation. Thank you for bringing that to the forefront as well.

  2. #32
    Join Date
    Oct 2016
    Posts
    2,846

    Default Re: Can You Require Independent Contractors to Follow a Dress Code

    Quote Quoting kspeer
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    EXTREMELY good points! I'm going to take notes from this information to my meeting to discuss with the office, as well as bring the SS-8 to review.

    I was advised that as an IC, if they get injured due to how they chose to complete the job they selected to take, it is their medical situation to deal with, not mine or the client's. I'm definitely going to address that as well. That by itself could be a very scary situation with huge financial and legal implications. Especially if they are misclassified or are not- I guess "strong enough" (?) as their own entity to have that figured out or established. I'm not sure what the correct term would be there... I don't want that situation. Thank you for bringing that to the forefront as well.
    One thing to keep in mind is that workers' compensation insurance doesn't just protect the employee it protects the employer as well. In most states workers' comp is the sole remedy in the case of a work related injury and what is paid is limited by that state's workers compensation law. If there is no workers' comp in place they can sue just about everyone involved. You or your clients.

  3. #33
    Join Date
    Oct 2006
    Posts
    15,266

    Default Re: Can You Require Independent Contractors to Follow a Dress Code

    Quote Quoting kspeer
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    As far as we're set up from the lawyers, they are all bona-fide IC's. I do trust that they did it right- Although I'm not a lawyer so I really have no way of knowing in the end without that IRS review, unfortunately. But this is why I paid someone smarter than me with more experience than me to do it!



    I'm sorry, I'm confused by this. The clients don't have businesses. I've never thought there could be a correlation between pet-sitting and a staffing agency. Do you know of anywhere I could find more information on staffing agencies that would have reputable information on the topic? My preliminary Google searches only pulled Rover & other companies who offer services via IC's in a similar way to our business, but just who are posting jobs for sitters, not really legal information like I'm trying to locate.
    But staffing agencies never actually "employ" their people either, do they? Isn't that up to the business entity they put the worker with?

    This is a very interesting turn of events for me!
    Unfortunately, with the exception of tax attorneys, attorneys generally know next to nothing about tax and are not equipped to make a determination as to how your workers should be classified. They can draw up really good contracts for you, but they cannot determine whether or not you are misclassifying them.

    To me, you sound like a temp agency because you are not placing people long term...and yes, temp agencies are employers of their workers and have to treat their workers like employees.

  4. #34
    Join Date
    Mar 2013
    Posts
    16,859

    Default Re: Can You Require Independent Contractors to Follow a Dress Code

    Quote Quoting kspeer
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    I'm sorry, I'm confused by this.
    I'm confused, too.

    How did we get from:

    "a business which includes farm work with large animals, large rambunctious dogs, large reptiles, etc" and "10x10 barn stall with a <2000lb draft horse"

    To:

    "pet-sitting"?

    Changing parameters every 5 minutes isn't helping any.


    How about showing us a copy of the contract that you have these workers sign before you send them out to work?

  5. #35
    Join Date
    Aug 2017
    Posts
    9

    Default Re: Can You Require Independent Contractors to Follow a Dress Code

    Quote Quoting adjusterjack
    View Post
    I'm confused, too.

    How did we get from:

    "a business which includes farm work with large animals, large rambunctious dogs, large reptiles, etc" and "10x10 barn stall with a <2000lb draft horse"

    To:

    "pet-sitting"?
    "Pet-Sitting" is the type of insurance we are required to hold through general liability.That's the distinction. They go to client's locations to clean horse stalls, feed a 60+ alpaca farm, walk a toy poodle or a great dane, or just to empty a 2lb cat's litter box. All of which are actual, existing client needs. Pets range in many different sizes and are not limited to cats and dogs.

  6. #36
    Join Date
    Mar 2013
    Posts
    16,859

    Default Re: Can You Require Independent Contractors to Follow a Dress Code

    Quote Quoting kspeer
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    "Pet-Sitting" is the type of insurance we are required to hold through general liability.That's the distinction. They go to client's locations to clean horse stalls, feed a 60+ alpaca farm, walk a toy poodle or a great dane, or just to empty a 2lb cat's litter box. All of which are actual, existing client needs. Pets range in many different sizes and are not limited to cats and dogs.
    OK, I buy that as an insurance classification for the type of services performed but that has nothing to do with whether your workers are independent contractors or employees.

    Again, a look at your contract with the workers would help.

    Do you have a written contract with your workers?

  7. #37
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    2,885

    Default Re: Can You Require Independent Contractors to Follow a Dress Code

    Quote Quoting llworking
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    Unfortunately, with the exception of tax attorneys, attorneys generally know next to nothing about tax and are not equipped to make a determination as to how your workers should be classified. They can draw up really good contracts for you, but they cannot determine whether or not you are misclassifying them.
    This.

  8. #38
    Join Date
    Oct 2014
    Posts
    7,199

    Default Re: Can You Require Independent Contractors to Follow a Dress Code

    Quote Quoting llworking
    View Post
    Unfortunately, with the exception of tax attorneys, attorneys generally know next to nothing about tax and are not equipped to make a determination as to how your workers should be classified. They can draw up really good contracts for you, but they cannot determine whether or not you are misclassifying them.
    Employment law attorneys, especially those dealing with employer workman’s comp obligations, also generally can make determinations of how workers should be classified. While the exact lines for employment determinations may be a bit different between various employment related laws (like workman’s comp) and tax law regarding classification, in vast majority of cases the determination will be turn out the same.


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