This training program will concentrate on the requirements to classify a worker as an independent contractor or as an employee under the IRS rules. The course will further illustrate how the FLSA rules differ from the IRS rules and why you must follow both.
Why Should You Attend
Misclassifying employees and independent contractors is getting more costly by the day. With federal and state agencies joining forces to combat misclassification, fines and penalties have skyrocketed. And every day the misclassification continues the penalties mount up and up until this ticking time bomb finally explodes.
This webinar will present attendees with a clear understanding of IRS rules and FLSA rules pertaining to employee classification. The course will also highlight how a 1099 audit can be triggered, how the state trumps both the IRS and the FLSA in determining independent contractor status, and the penalties for misclassifying an employee.
Areas Covered in the Webinar
- What classifications of workers are permitted under the IRS rules
- What is the common law rule and how is it used to determine worker status
- What are the three factors the IRS uses to determine worker status and how to apply them correctly
- How the FLSA rules differ from the IRS rules and why you have to follow both
- How does the state trump both the IRS and the FLSA in determining independent contractor status with the ABC test for SUI
- What are the latest agreements or programs being used by the IRS, DOL and the states to identify misclassified employees
- Using the Form SS-8 to your advantage to determine worker status
- Who gets a W-2 and who gets a 1099 and why it should never be the same worker
- Find out how easily a 1099 audit can be triggered and why the chances of getting one are on the rise
- What are the penalties for misclassifying an employee as an independent contractor and who assesses them - it’s not just the IRS you have to worry about
- You found out you have a misclassified employee—now what?
- Examples, pros and cons, hows and whys
- Complexities and legalities
- Executive vs. general session minutes, when to turn off a recording device, confidentiality, discarding original notes and recordings
- Plus many additional tips to enhance efficiency and accuracy
Who Will Benefit
- Payroll Professionals
- Human Resources Personnel
- Accounting Personnel
- Business Owners
- Any individual or entity that must deal with the complexities and technicalities within the payroll proces
- Three Main IRS Factors: How much control the employer has over the worker’s behavior and work results. (Who controls training, where and what time the person works, what equipment they use?)
- How much control the employer has over finances? (Does the employer have primary control over the person’s profit or loss?)
- What is the relationship between the parties? (Does the worker receive benefits? Is it a long-term relationship?)
Vicki M. Lambert, CPP, is president and academic director of The Payroll Advisor™ a firm specializing in training payroll professionals. With over 35 years of hands-on experience in all facets of payroll functions as well as over 20 years as a trainer and author, Ms. Lambert is a sought-after and respected voice in the practice and management of payroll issues. She has conducted open market training seminars on payroll issues across the United States. Ms. Lambert has lectured extensively on payroll administration and compliance issues for clients that have included Automatic Data Processing, CCH Incorporated, Ceridian Employer Services, and The Employer Group. Ms. Lambert has also served as a consultant and in-house trainer for businesses such as Sun Microsystems, Paychex, Fox Studios, Disney, County of Riverside, and City of Hesperia. Ms. Lambert is an adjunct faculty member at Brandman University in Southern California. Ms. Lambert currently produces and presents audio seminars and webcasts for clients and business groups throughout the country.