Working With Independent Contractors, 10th Edition
- Length: 400 pages
- Edition: 10
- Language: English
- Publisher: Nolo
- Publication Date: 2020-07-28
- ISBN-10: 1413327486
- ISBN-13: 9781413327489
- Sales Rank: #199985 (See Top 100 Books)
Hire independent contractors without running into trouble
Independent contractors (ICs) do every conceivable type of work―from accounting to web development―and “gig economy” websites make it easy to find and hire qualified ICs. Working with independent contractors saves your business money and gives you flexibility in hiring. But there are risks in trying to establish IC relationships. Simply calling a worker an independent contractor doesn’t make them one. This book shows you how to avoid mistakes that can lead to lawsuits or costly fines from the IRS and state agencies.
Learn how to:
- determine who qualifies as an IC
- document the IC relationship in a written agreement
- assess the risks of hiring freelancers and gig workers
- safeguard your company’s intellectual property, and
- handle―and settle―an IRS audit.
The 10th edition―completely revised to reflect the latest changes in the law―includes detailed examples of how a business should hire independent contractors.
With downloadable forms: comes with invaluable forms that let you document a worker’s IC status and create strong contracts. Easy to download and tailor to your own situation, details inside.
Cover Title Copyright Acknowledgments About the Author Table of Contents Your Legal and Tax Guide to Hiring and Working with Independent Contractors 1 Benefits and Risks of Working With Independent Contractors Benefits of Using Independent Contractors Risks of Using Independent Contractors 2 Tests for Workers’ Status When a Legal Test Is Necessary to Determine a Worker’s Status The Common Law Test Factors for Measuring Control of Your Workers Evaluating a Worker’s Status Under the Common Law Test Economic Realities Test ABC Test 3 How the IRS Classifies Workers Four Steps to Classification Under the IRS Rules Step 1: Check Statutory Independent Contractor Rules Step 2: Analyze the Worker Under the Common Law Test Step 3: Check Statutory Employee Rules Step 4: Check the Safe Harbor Rules 4 IRS Audits Why Audits Occur Audit Basics The Classification Settlement Program (CSP) Voluntary Classification Settlement Program (VCSP) IRS Assessments for Worker Misclassification Penalties for Worker Misclassification Interest Assessments Criminal Sanctions ACA Penalties Retirement Plan Audits Worker Lawsuits for Pensions and Other Benefits 5 State Payroll Taxes State Unemployment Compensation State UC Classification Tests State Disability Insurance State Income Taxes California Worker Classification Rules (AB 5) 6 Workers’ Compensation Basics of the Workers’ Compensation System Who Must Be Covered Exclusions From Coverage Classifying Workers for Workers’ Compensation Purposes If Your Workers Are ICs Obtaining Coverage 7 Health, Safety, Labor, and Antidiscrimination Laws Affordable Care Act Federal Wage and Hour Laws Federal Labor Relations Laws Family and Medical Leave Act Fair Credit Reporting Act Antidiscrimination Laws Worker Safety Laws Immigration Laws 8 Intellectual Property Ownership What Is Intellectual Property? Laws Protecting Intellectual Property Copyright Ownership Trade Secret and Patent Ownership 9 Strategies for Avoiding Trouble When Hiring ICs Hiring Incorporated Independent Contractors Employee Leasing 10 Procedures for Working With Independent Contractors Before Hiring an IC While the IC Works for You After the IC’s Services End 11 Independent Contractor Agreements Using Written Agreements Drafting Agreements Essential Provisions Optional Provisions Sample IC Agreement 12 Finding Legal, Financial, and Other Help Beyond This Book Finding and Using a Lawyer Help From Other Experts Doing Your Own Legal Research Appendixes A How to Use the Downloadable Forms on the Nolo Website Editing RTFs List of Forms Available on the Nolo Website B Contractor Screening Documents Independent Contractor Questionnaire Worker Classification Checklist Index
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