In 2017, Lowes settled a $2.85 million-dollar worker classification lawsuit. The suit claimed that Lowes misclassified installers as independent contractors depriving them of workers’ compensation, liability insurance and requiring the workers to pay taxes as self-employed. The suit and settlement underscore the importance of properly classifying workers. Making the wrong determination may have serious financial and legal consequences.
The following guide will help you understand the primary distinctions between an employee and a contractor. If you are an employer or contractor and need additional information call your LegalShield provider law firm.
There are four worker classifications made by the IRS.
Under common law, an independent contractor controls the kind of work they take on and how they complete the work. In this circumstance, the business hiring them to complete the work would only control the result or product. While you may set deadlines for an independent contractor you may not set specific work hours.
Under common law, if you control what, when, where, and how work is done, the individual you pay is considered an employee.
Some workers who meet the common-law requirements as an independent contractor may still be considered an employee due to specific statutes designating them as such. Statutory employees include:
Statutes deem some workers, who would otherwise be considered employees, nonemployees. These include:
In some instances, it may be difficult to determine the status of a worker. The IRS does have a form, which you can complete and submit, allowing them to determine the worker’s status. Form SS-8 can be downloaded here and includes detailed instructions. Before filing the form consult with your LegalShield provider law firm. It may take the IRS six months or more to respond to your request.
Some states may classify workers differently than the IRS. In the Lowe's case claims involved both federal rules and the New Jersey Construction Industry Independent Contractor Act. It is vital to understand how state regulations impact the classification of employees in your industry.
The main purpose of classifying a worker is to determine the taxes and record-keeping for which your business will be responsible.
The forms and information needed for independent contractors can be found here via the IRS. The IRS does offer electronic filing.
The appropriate forms and tax information for employees can also be located on the IRS website.
If you fail to accurately report an employee you may be held liable for past due employment taxes. There are relief provisions in some circumstances. If you believe you have misclassified a worker or have any questions call your LegalShield provider law firm right away.
An indemnity agreement settles the “who is responsible” question ahead of time. One party promises, in writing, to cover certain losses tied to the work, so the other isn't left with the bill. These promises appear in construction contracts, leases, and business sales.
A certificate of good standing is official proof from your state that your business is registered and current on its requirements. Most lenders and agencies want a recent one, so it helps to know how to get it before someone asks.
Whether the goal is selling a company, bringing in a business partner, or passing it to a family member, the LLC ownership transfer often involves reviewing the LLC's operating agreement and the applicable state's rules.
If you want to do business under a name that isn't your own legal name or your LLC's registered name, you need a trade name, also known as a doing business as (DBA) name.
A consulting agreement is a contract between a service provider, such as an independent contractor, and a recipient.
Hold harmless agreements can help reduce a business's liability by having signatories accept a certain amount of risk.
Getting an LLC in New York generally involves choosing a business name, filing Articles of Organization with the New York Department of State, creating a written Operating Agreement, completing New York’s publication requirement, and handling tax and business setup steps, like getting an EIN.
