Hiring Independent Contractors

 

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In many situations, it is only natural to want to hire independent contractors instead of employees. With hiring independent contractors, you don’t pay employee taxes, you don’t pay employee insurance, and you don’t provide employment benefits. The problem is that whether someone is an employee or an independent contractor is not always your decision to make. State and federal laws have very strict requirements for determining who is an independent contractor. If you pay someone as an independent contractor, but they should have been paid as an employee, you may be liable for payroll taxes and penalties, and you may owe back wages and overtime. You also may have liability for wrongfully denying the individual access to employee benefits such as health insurance and retirement plans.

At DailyGC™, we know and understand the very technical laws for determining who is and is not entitled to the status of an independent contractor. We will review all aspects of the work that your independent contractors are performing for you. We will confirm those who rightfully are independent contractors. If you have improperly paid someone as an independent contractor who should have been paid as an employee, we will guide you on the best way to take corrective action, to minimize the chances of governmental involvement or other legal claims.

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PRIORITY ISSUES DESCRIPTIONS
At DailyGC, we provide legal advice and counsel on the full range of legal problems and legal-related business issues that small businesses and startups routinely face in their management, sales, operations and administration. The following are examples of these kinds of problems. You may use these descriptions on your Priority Issues Identifier Form� or you may write your own descriptions.
Business Contracts and Relations:
� Customer Contracts and Disputes
� Vendor Contracts and Disputes
� Collections
� Bank/Lender Relations and Issues
� Landlord/Tenant Relations and Issues
� Bonding/Insurance
� Nondisclosure and Confidentiality Agreements
� Procurement and Management of Outside Counsel
Employment:
� Recruiting/Hiring Practices
� Employment Agreements
� Employee Compensation and Benefits
� Employee Manuals, Policies and Procedures
� Compliance with Government-Required Benefits Programs
� Payroll Compliance with Court Orders
� Discrimination and Harassment Claims
� Management and Discipline of Problem Employees
� Terminations
� Unemployment Insurance Claims
� COBRA Procedures
� Hiring Independent Contractors
Dispute Resolution:
� Case Analysis and Assessment
� Mediation/Arbitration
� Strategies for Litigation, Discovery and Negotiation
� Settlement Analysis
General Corporate:
� Entity formation
� Corporate Governance and Record-Keeping
� Shareholder Relations
� Compliance with Governmental Regulations
� Compliance with Corporate Contractual Obligations
� Contract Review, Analysis and Negotiation Coaching