The California EDD is actively targeting independent contractor misclassification and seeking substantial tax revenue from San Diego and California employers. While the federal agencies may have seemed to relax based upon administration policies, the California agencies are making this a primary focus. If you have 1099 workers or independent contractors...
Employee or Independent Contractor in San Diego
When someone completes work for your business, are they an employee or an independent contractor in San Diego? Do you issue them a W-2 or a 1099 form? This is a challenging question faced by many business owners due to the fact that there is no definitive guidance on the...
Misclassification of Independent Contractors Even More Complex
What makes misclassification of independent contractors even more complex in California? A recent California Supreme Court Case has expanded the liability for the misclassification of workers as independent contractors and makes misclassification of independent contractors even more complex. The Supreme Court recently declared worker classifications (2018 Dynamex) regarding independent contractors...
Major Change in California Independent Contractor Misclassification Law
There has been a major change in California independent contractor misclassification law as the result of a recent decision by the California Supreme Court. The ramifications of the decision in this case will be challenging for many San Diego business owners and employers to accept and implement. The new laws...
How do Independent Contractor Misclassification Claims Arise in San Diego
How do independent contractor misclassification claims arise in San Diego? What is the cost to an employer who misclassifies employees as independent contractors? Usually, independent contractor misclassification claims come about by a complaint by the employee to a federal or California agency alleging compensation or employment issues or during an...
While US Administration Walks Back Independent Contractor Rules California and the EDD Increase Misclassification Audits
In recent months the current US administration has signaled a change in the position of the previous administration regarding the classification of independent contractors. This comes at a time when California and the EDD increase misclassification audits based upon a recent decision in the California Court of Appeal, Sixth District....
Avoid the DOL and IRS Audit Focus on Independent Contractors
How can you avoid the US Department of Labor or DOL and IRS audit focus on independent contractors and 1099 workers? What do you need to know about the new definitions of an independent contractor based upon the so-called "Darden Factors" and the "Economic Realities" standards? Why should you be concerned...
The Difficulty of the Task Plays a Role in 1099 Worker Misclassification Cases
The difficulty of the task performed by "independent contractors" plays a significant role in 1099 worker misclassification cases here in San Diego. The Department of Labor (DOL) and the IRS have helped to establish new guidelines for the property classification of a 1099 worker since a landmark US Supreme Court...
Department of Labor 6 Guidelines for Evaluating 1099 Workers
The US Department of Labor issued 6 guidelines for evaluating 1099 workers in an attempt to help clarify its increased focus on employee misclassification. How do you know if a 1099 independent contractor should actually be classified as an employee? The first challenge is the simple reality that most business...