We are pleased to release our latest podcast, ABCast Episode 8 - Employee Misclassification and EDD Audits. Jan and Neil discuss the impact of the Supreme Court decision in Dynamex and the resulting issues associated with independent contractors, 1099 workers and the new "A-B-C Test" established by the Court's decision....
San Diego Employer with 1099 Independent Contractors
If you are a San Diego employer with 1099 independent contractors you can expect a series of audits. It may begin with the standard California EDD audit on a cycle of every 3 years, it could be a California Labor Board or US Department of Labor audit, or it could...
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...
Recent Case Reaffirms Employee Status Changes and Tax Impact for California Employers
A recent court case reaffirms employee status changes and tax impact for California companies who have 1099 workers. This case confirmed updates to California law regarding employees vs 1099 workers is retroactive. The consequences for any California employer determining to be misclassifying employees as 1099 workers during an EDD audit...
Protecting San Diego Employers in 1099 Independent Contractor Misclassification Audits
What is one of the highest percentage audits for businesses in California? Allen Barron represents San Diego employers in 1099 independent contractor misclassification audits. The California EDD recently confirmed they have resumed targeting audits for the businesses who employ any of the more than 2 million independent contractors across California....
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...