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...
Who Determines if a San Diego Employee is Exempt or Hourly?
How does California look at employees, and how is a San Diego business person able to make decisions regarding whether to make all employees "exempt" or if some must be hourly. I believe everyone should have a fair wage, but the issue of overtime has had a crippling effect on...
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...
What Should a Business Do After an IRS Audit
What should a business do after an IRS audit is completed? The real world answer: prepare for other knocks on the door from the EDD and FTB. The agencies cooperate with one another, and immediately after one finishes an audit, you are required to provide the other with the results...
Your Risk of a California Tax Audit May Be Higher than an IRS Audit
It may surprise many Californians to learn your risk of a California tax audit may be higher than an IRS audit. You may have heard in the news the rate of IRS audits is down. While this is true for lower income Americans, the cost of living in California naturally...
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 Future for Independent Contractors in California
There has been an historic change in how employees or independent contractors are classified, especially here in California. California employers with 1099 workers face audits from every direction. The US Department of Labor (DOL) recently added 700 auditors who will be entirely focused upon auditing businesses in search of misclassified...