The END of the INDEPENDENT CONTRACTOR?! - How ONE rule change will collapse the gig economy!
The gig economy, as we know it, may be dead before summer! If you’re an independent contractor or hire independent contractors, you won’t want to
miss this!
🖊️LINK TO THE RULE CHANGE: 🖊️https://www.federalregister.gov/documents/2024/01/10/2024-00067/employee-or-independent-contractor-classification-under-the-fair-labor-standards-act
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Businesses SCAMMED by Phony ERC Promoters! IRS HAS to Intervene!
This is your IRS Update with Charles Read. We have all seen and heard the commercials for the ERC tax credit, also known as ERTC, available to businesses as part of the COVID-19 relief programs. However, there have been cases where promoters have been pressuring businesses to apply even though they aren't qualified. In the hopes that the businesses give them a cut of 25% (or more)!
The IRS recently put a pause on all new claims because of the endemic fraud caused by promoters lying to business owners about their actual eligibility. Be sure to subscribe to our Channel for more Financial News and information!
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Charlie's Bar - Episode 7 "Timely Beer & Timely Cheer"
#cpa #payrolloutsourcing #payroll
Charlie knows that it pays to be timely with customers' orders, just like how it pays to be timely on your tax deposit and tax forms. With GetPayroll, Charlie is able to focus on his business while they handle all the paperwork and make sure forms and deposits are filed timely.
Learn more at
www.getpayroll.com
Get a FREE QUOTE
https://getpayroll.com/quote-form/
Music used
Shades of Spring by Kevin MacLeod
Link: https://incompetech.filmmusic.io/song...
License: https://filmmusic.io/standard-license
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Charlie's Bar Episode 8 - "Privacy Guaranteed"
Everything the bartender hears is confidential. That's the old saying. Shouldn't your payroll provider also treat your employees' information with the same respect? At GetPayroll, they keep all your information under lock and key, and won't sell your info to credit bureaus, unlike the other guys. Privacy Guaranteed!
Learn more at
www.getpayroll.com
Get a FREE QUOTE
https://getpayroll.com/quote-form/
Music used
Shades of Spring by Kevin MacLeod
Link: https://incompetech.filmmusic.io/song...
License: https://filmmusic.io/standard-license
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Charlie's Bar - Episode 6 "See You in (Tax) Court"
#payrolloutsourcing #payroll #cpa
It's a story you hear all too often. A business owner gets in trouble with the IRS but knows it's an honest mistake. How can he prove his innocence? Thankfully when you have a company like GetPayroll, they'll be right there to help defend you from the IRS. With knowledgeable CPAs and a US Tax Court Practitioner, whose ready to defend you in tax court, at no additional charge.
Learn more at
www.getpayroll.com
Get a FREE QUOTE
https://getpayroll.com/quote-form/
Music used
Shades of Spring by Kevin MacLeod
Link: https://incompetech.filmmusic.io/song...
License: https://filmmusic.io/standard-license
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Charlie's Bar - Episode 5 "Customer Focused"
#payroll #payrolloutsourcing #ad
Charlie knows a thing or two about customer service, and always looks for companies that meet his high bar of quality. When it comes to payroll there's no better company than GetPayroll. They'll handle all the paperwork and keep you up to date on all the tax & employment laws.
Learn more at
www.getpayroll.com
Get a FREE QUOTE
https://getpayroll.com/quote-form/
Music used
Shades of Spring by Kevin MacLeod
Link: https://incompetech.filmmusic.io/song...
License: https://filmmusic.io/standard-license
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Charlie's Bar - Episode 4 "Skills that Thrill (Your Payroll)"
#payroll #payrolloutsourcing #ad
Charlie has the skills to pay the bills when it comes to managing his bar. However, when it comes to managing his payroll, he could use a little help. That's why he uses GetPayroll, with CPAs and a US Tax Court Practitioner on staff to help keep his payroll in compliance.
Learn more at
www.getpayroll.com
Get a FREE QUOTE
https://getpayroll.com/quote-form/
Music used
Shades of Spring by Kevin MacLeod
Link: https://incompetech.filmmusic.io/song...
License: https://filmmusic.io/standard-license
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Charlie's Bar - Episode 3 "Miss Classify? I Barely Know Her!"
Every bartender knows one of the worst things you can do as a bartender is mess up a drink, just like one of the worst things an employer can do is misclassify his workers. Misclassifying your workers, whether contractors or employees can cost you big time in payroll taxes from the IRS. Thankfully you got companies like GetPayroll that can help you make sure workers' payroll is filed correctly.
Learn more at
www.getpayroll.com
Get a FREE QUOTE
https://getpayroll.com/quote-form/
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Charlie's Bar - Episode 2 "CRYPTOPAYROLL"
#payroll #bitcoin #litecoin #ethereum
Charlie is always at the cutting edge of innovation (give or take a few years), but is blown away when he learns that GetPayroll offers Crypto payroll for all their clients. He knows his younger staff are big into cryptocurrency so this will be a great way to retain them as well as grow his business.
Learn more:
https://getpayroll.com/cryptopayroll/
Get a quote:
https://getpayroll.com/quote-form/
Music used
Shades of Spring by Kevin MacLeod
Link: https://incompetech.filmmusic.io/song...
License: https://filmmusic.io/standard-license
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Charlie's Bar - Episode 1 "Payroll Woes"
Welcome to Charlie's Bar! Where the drinks are cheap and the advice is free! A lot of his advice has to do with payroll, primarily telling people the best company to help businesses with their payroll woes is GetPayroll. If you're looking for the best payroll service around, Charlie recommends GetPayroll.
Learn more at
https://getpayroll.com/quote-form/
Music used
Shades of Spring by Kevin MacLeod
Link: https://incompetech.filmmusic.io/song/4342-shades-of-spring
License: https://filmmusic.io/standard-license
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Business Wisdom from Veteran CEO
Veteran CEO, Charles Read, shares some of his wisdom from over 30 years of business. Excerpts are taken from podcasts where Charles appeared as a guest.
Podcasts featured:
Winning At Business And Life Podcast
https://youtu.be/E2cQmEu3fuY
Bruce Hurwitz Presents MEET THE EXPERTS
https://youtu.be/_AzuIHWUhgs
The Common Cents Show
https://youtu.be/vWHfbYiSk1A
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The Different Types of Business Entities
Confused about which business entity is best for you? The entity you choose for your business determines several things. So, ensure that you evaluate each entity in detail.
www.thepayrollbook.com
This is a compilation of our 4-part cliff note series on the different types of business entities. if you would like to learn more about each business entity in detail, check our website thepayrollbook.com.
And if already have a business entity selected for your company and looking for a payroll service please visit www.getpayroll.com to get a free quote.
0:00 Intro
0:22 Sole Proprietorship
0:48 Partnership
1:22 Corporation
2:02 LLC
2:34 Outro
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Conducting an Interview - The interview Process Part 2
GetPayroll President Charles Read shares his years of knowledge of the interview process in this 4-part series on prepping, conducting, and managing an interview.
TRANSCRIPT:
"Hi, I’m Charles Read, President of GetPayroll. And welcome to the second part of a 4-part series on prepping, conducting, and managing an interview. While you’re conducting a hiring interview, it’s easy to get overly focused on one element of the process that you miss the bigger picture. It is important to remember that there’s more to an interview than just how the candidate answers your questions. Here are some tips to help you run a smooth interview process.
1. Have a solid interview structure for the candidates.
It’s a good idea to give the candidate a roadmap for the interview as you get started. Start with a brief description of the company and the job duties. Then let the applicant know that you will be asking job-related questions, followed by an opportunity for the candidate to ask questions. Providing this structure early on sets up the interview parameters, keeps you both focused, and gives the candidate an idea of what to expect.
2. Coordinate with other interviewers
More often than not, it’s better to have another person conduct the interview alongside you. This can help eliminate any opportunity for a he-said-she-said situation. With that in mind, it’s essential to determine who will ask which question and in what order. Also, it’s good to know who will answer questions about which topic. For example, the hiring manager will be more suitable to talk about pay or the team’s direction, while team members can talk about culture and what they like about the team.
3. Take notes during the interview process.
Whether you’re interviewing just 1 or over a dozen candidates, it’s better to always take notes on each candidate during the process. This will make it easier for you to look back and remember the key moments that stood out to you during the interview.
4. Always follow up
Whether the candidate got the job or not, it is important to follow up with them to let them know. This is one more way of extending a professional courtesy and gives the interview process closure for both sides.
If you would like to learn more about the interview process, be sure to visit our website at www.getpayroll.com. And be sure to check out the other parts of this interview series. Thanks for listening."
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Preparing for an Interview - The interview Process Part 1
GetPayroll President Charles Read shares his years of knowledge of the interview process in this 4-part series on prepping, conducting, and managing an interview.
Transcript:
"Hi, I’m Charles Read, President of GetPayroll. And welcome to the first part of a 4-part series on prepping, conducting, and managing an interview. When it comes to a hiring interview, it’s important to be prepared. Just like how a candidate should take the time to research the company, interviewers should be ready to evaluate the candidate. Here are five preparation tips for you to do before conducting your interview.
1. Review the candidate’s resume before the interview:
This may seem obvious, but by doing this and creating interview questions based on the resume, you have shown the candidate that you’ve taken the time to ensure a productive interview.
When looking through candidate resumes, keep your interview questions in mind and ask yourself:
· Am I planning to ask for information the candidate has already shared?
· Is there anything strange or interesting in their experience I’d like to explore during the interview?
· Are there any work samples available I could use to drive the discussion on their skills?
· Do I need to check the validity of what they claim?
2. Be ready to answer questions:
Candidates want to determine whether the job can fulfill their aspirations and whether the company is a good fit for them. So, they might ask relevant questions which you should be able to answer. If you give pertinent, transparent answers, you’ll be able to create a better candidate experience and sell your company in a way that helps candidates decide if they’re a good fit. Ensure you can talk to candidates about:
· The company’s strategy, mission, and structure
· The team’s projects, direction, and goals
· The perks and benefits tied to the position you’re hiring for
· The next steps of the hiring process
· What you like about your job and the team or company
If candidates ask something you don’t know the answer to or aren’t allowed to disclose, prepare to say so tactfully.
3. Schedule the same amount of time for each interview.
Having a consistent and set timeframe will keep you on track and focused on the questions you want to ask.
4. Limit small talk.
It’s better to keep all your questions job-related. If you spend the interview just chatting, you may make hiring decisions because you liked the candidate versus whether the person is actually qualified for the job.
5. Be consistent with every interview
If you are interviewing multiple candidates for the same position, be sure to ask them all the same questions to avoid discrimination issues. Likewise, if you include a test in your interview, be sure to make sure it’s the same test for each candidate.
If you would like to learn more about the interview process, be sure to visit our website at www.getpayroll.com. And be sure to check out the other parts of this interview series. Thanks for listening."
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Employers! Don't ask these questions! - The Interview Process Part 4
GetPayroll President Charles Read shares his years of knowledge of the interview process in this 4-part series on prepping, conducting, and managing an interview. Today we're going over questions that employers SHOULD NOT ask during an interview and better questions for them to ask.
Link to the complete list: https://getpayroll.com/what-not-to-ask-during-an-interview/
Transcript:
Hi, I’m Charles Read, President of GetPayroll. And welcome to the final part of a 4-part series on preparing, conducting, and managing an interview. During the interview process, it’s important to ask the potential candidate several questions, to get a feel for their background, personality, and potential work ethic. However, there are questions you just don’t ask, either because of legal reasons or they simply aren’t helpful in selecting an employee. We’ve rewritten several interview questions that you can ask without getting into trouble for discrimination. Here are 4 important questions from that list. If you’re interested in reading the rest, check out our blog post, linked in this video’s description.
1. DON’T ASK: "HOW DO YOU FEEL ABOUT SUPERVISING MEN/WOMEN?"
This question, although it may seem like a valid concern, is not acceptable. The candidate may not have any issues working with the same gender, opposite gender, or various other perceived genders, and you'll seem crass for even bringing it up.
INSTEAD, ASK: "TELL ME ABOUT YOUR PREVIOUS EXPERIENCE MANAGING DIVERSE TEAMS."
2. DON’T ASK: "DO YOU HAVE ANY DISABILITIES?"
Disabilities, whether they're physical or mental, may affect a candidate's ability to do the job assigned, but it is very important, critical even, that you avoid asking about them. Instead, find out if the applicant can handle doing what is required of the job description.
INSTEAD, ASK: "ARE YOU ABLE TO PERFORM THE SPECIFIC DUTIES OF THIS POSITION?"
3. DON’T ASK: "HAVE YOU EVER BEEN ARRESTED?"
Insensitive positions, like ones in which people are dealing with money, you may want to find out about your candidate's legal background. But ensure that you ask only directly about crimes that relate to your concerns.
INSTEAD, ASK: "HAVE YOU EVER BEEN CONVICTED OF "X" (FRAUD, THEFT, ETC.)?
4. DON’T ASK: "DO YOU BELONG TO A CLUB OR SOCIAL ORGANIZATION?"
This particular question could be too revealing of political or religious affiliation or activity. Also, this question has little or no relevance to a job candidate's abilities or qualifications. However, if you want to ask this question, it is important to focus the wording on work.
INSTEAD, ASK: "ARE YOU A MEMBER OF A PROFESSIONAL OR TRADE GROUP THAT IS RELEVANT TO OUR INDUSTRY?"
Here is one last interviewing tip: Many interviewers take a cavalier attitude towards interviewing. After all, they’ll never see them again if they didn’t hire them. You never know how a candidate will feel after leaving the interview and what actions they may or may not take because of how they thought they were treated during the interview. Ask the right questions, document their answers, and be consistent in each interview.
And finally, do not interview alone. If possible, have another person interview with you. That way, there will never be an opportunity for a he-said-she-said situation if you are ever charged with discrimination.
If you would like to learn more about the hiring process, be sure to visit our website at www.getpayroll.com. And be sure to check out the other parts of this interview series. Thanks for listening.
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5 Interview Mistakes Employers Should Avoid - The interview Process Part 3
GetPayroll President Charles Read shares his years of knowledge of the interview process in this 4-part series on prepping, conducting, and managing an interview. Today we're going over 5 interview mistakes, an interviewer should avoid.
Transcript:
"Hi, I’m Charles Read, President of GetPayroll. And welcome to the third part of a 4-part series on prepping, conducting, and managing an interview. As a business owner or manager, you are so busy with your daily tasks of running and managing your business; it’s easy to forget to prepare for your interviews. However, there are 5 simple tips to help you avoid stepping on an interview landmine.
1. Fail to define the job requirements.
Do you have a clear picture in your mind of the performance you want to see from the position you are filling? Do you and the other people interviewing candidates agree on what you’re looking for in the person you hire? Not doing so may lead to issues in the hiring process.
2. Fail to create a scorecard for the interview
Create an interview scorecard that lists the key accomplishments and skills you want in the person you hire. You might have several criteria from sales skills, organizational skills, leadership abilities, and so on. For which each interviewer scores the candidate.
3. Fail to ask open-ended, accomplishment-oriented questions.
If you had to walk into an interview right now, with zero preparation, could you ask good interview questions and learn everything necessary to make a judgment about the candidate? You should always come into the interview with your questions prepared.
4. Failing to listen
This one should be obvious, but it is vital that you listen carefully to every answer the candidate gives you. As well as adapt your questions based on the previous answers provided.
5. Fail to do a post-game debrief
After everyone has interviewed the candidate (within 24 hours at the most) meet with the other interviewers to do a post-game debriefing to discuss your impressions.
If you would like to learn more about the hiring process, be sure to visit our website at www.getpayroll.com. And be sure to check out the other parts of this interview series. Thanks for listening.
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PAYROLL DEDUCTIONS: Lessons in Payroll with Charles Read
GetPayroll President Charles Read shares his years of knowledge of the payroll landscape to the masses. today's lesson: Deductions.
www.getpayroll.com
www.thepayrollbook.com
TRANSCRIPT:
When it comes to payroll there is one word that no one likes seeing on their paystub: DEDUCTIONS. However, it is important to know what these deductions are to understand where the money is going. Although, it’s very likely your employees still won’t be happy.
There are two types of deductions: The first is Voluntary Deductions:
An employee can voluntarily agree to wage deductions that must be implemented by the payroll department. These deductions may include voluntary wage assignments to repay a debt, charitable deductions, wages withheld to purchase U.S. savings bonds, and credit union loan repayments, to name a few.
calculating taxes. These are called Pre-Tax deductions.
Since they reduce the employee’s taxable income, they reduce the required contributions that the employee and employer must make for Social Security and Medicare taxes. They also reduce the employee’s federal income tax withholding because less TAXABLE income means less income tax.
The other type of deductions are Involuntary Deductions:
Involuntary Payroll Deductions are those over which an employer or employee has little or no control. The employer is required by law to deduct a specific dollar amount of the employee's pay and remit it to a person or agency to satisfy the law. If the employer fails to deduct and remit that amount, the employer will generally be subject to a penalty equal to the amount that was required to be deducted plus possible fines and interest.
These involuntary deductions may include federal taxes, state taxes, local taxes, child support, tax levies, unpaid student loans, creditor garnishments, and more. A common problem for employers is determining deduction amounts when several orders for involuntary deductions are received against an employee's wages.
A certain amount of the employee’s wages is exempt from involuntary deduction orders. If there is not enough payroll available, after amounts are exempted, to pay all the orders, the employer must understand which orders to pay and how much to pay on each order. There are methods to prioritize all of the various types of orders received by the employer.
If you would like to learn more about payroll, check out our website at getpayroll.com or my new book:
The Payroll Book: A Guide for Small Businesses and Startups.
Available at thepayrollbook.com, Amazon, or wherever fine books are sold.
Thanks for listening.
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CHECK FRAUD and PAYROLL ERRORS: Lessons in Payroll with Charles Read
GetPayroll President Charles Read shares his years of knowledge of the payroll landscape with the masses. today's Payroll Lesson: The Problems AND Solutions for Check Fraud and Payroll Errors.
www.getpayroll.com
www.thepayrollbook.com
TRANSCRIPT:
"Would you believe in our technologically advanced society, there are companies that still write checks? Nothing inherently wrong with this, but it does come with its own hurdles.
Anybody with a PC and a laser printer can create forged checks. They can copy a signature and imprint it on a fraudulent check. No matter how safe your checks are, the information can be put on other check stock and thieves can try to pass them. Check fraud is one of the largest white-collar crime industries in the country today. However, there are ways for you to stop check fraud.
The first way is to have a POSITIVE PAY system in place. This is where you give your bank the information on the checks you issue. You send a file every day to your bank detailing the checks that were issued that day for your employees. When a check is either presented to be cashed or is deposited and presented to the bank, the bank runs the information against the positive pay file. They can check the date, the amount, and the payee and if it has ever cleared before. If it does not match the file as a good item the bank notifies the issuer of the check (you) of the discrepancy. If you don’t respond to the bank in the requisite time frame they will take whatever action you have designated as a default response, to either clear or return the check. We recommend returning the check.
The second, and the best way, to prevent check fraud is to not have checks. We encourage DIRECT DEPOSIT wherever possible.
Direct deposit goes from your bank through the ACH (automated clearing house) system to your employee's financial institution. It is very secure and has lots of advantages. One big advantage is there is no physical check or check image for a fraud artist to copy.
Your bank must guarantee good funds on outbound direct deposits, so you will not have any float on the direct deposits. They will all be charged to your account no later, and maybe earlier than payday.
You should know that if you make a mistake on an employee's direct deposit and overpay them, you have the right to take the excess amount back out of their account. Your employees often don't know that by granting you the power to deposit into their account they are also granting you the power to take money out of their account.
Now, for those who are unbanked, we recommend DEBIT CARDS. Debit cards work just like direct deposit except the employee's bank account is effectively on the card. A well-designed program does not have to cost the employee or the employer any money as long as they all understand the limits. There has been some bad publicity on payroll debit cards, but that has to do with either poorly designed or poorly understood systems, or because of employers who want to make additional money off the card system and their employees.
Another fraud you should be aware of is when an employee will say they did not get their direct deposit for one reason or another, such as closing the bank account. The company feels the need to get the employee paid and in some states, the state regulators may weigh heavily on the employee's side. The problem is that it takes several days for a direct deposit to a closed account to work its way back to your bank. If you have a Friday payroll it may well be the next Thursday before your bank knows that a direct deposit has been returned and deposited back to your account. Then the bank has to tell you, or you have to check the account every day. If you issue a check on Monday or Tuesday based on what the employee says, you may be in for a surprise if the direct deposit is not returned to you. We suggest to our clients that they don't issue a check for a failed direct deposit until the direct deposit is back in their bank account.
If you would like to learn more about how to avoid payment fraud and errors, check out our website at www.getpayroll.com or check my book: The Payroll Book: A Guide for Small Businesses and Startups. Available at www.thepayrollbook.com, Amazon, or wherever fine books are sold. Thanks for listening."
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EMPLOYEE TIME TRACKING: Lessons in Payroll with Charles Read
GetPayroll President Charles Read shares his years of knowledge of the payroll landscape to the masses. today's lesson: Time Tracking.
www.getpayroll.com
www.thepayrollbook.com
TRANSCRIPT:
"As an employer, you must track the hours that your employees work. Then you are legally required to pay them, for all the time worked.
The FLSA (Fair Labor Standard Act), administered by the Department of Labor, sets forth the requirements for the federally mandated 40-hour workweek.
However, the Congressional “Portal to Portal Act”, first passed in 1947, modifies the FLSA in several ways. Including but not limited to the following:
Certain activities are not considered working for compensation; such as traveling to or from work or engaging in incidental activities before or after work.
The US Supreme Court has ruled, that the Portal-to-Portal Act requires paying employees for activities that are, “Integral and indispensable", to an employee's primary on-the-job actions.
An employee cleaning up before or after work is not normally considered work time for pay. However, if work includes working with dangerous material washing up maybe, “Integral and indispensable”, for safety purposes. If so, the employer must pay the employee for that time, because it involves worker safety and is therefore compensable.
Punching in or out of work, waiting in line for a paycheck, searches of workers for safety, or anti-theft screening are not considered working time that the employee must be paid for.
But, if an employee is, REQUIRED, to attend a training class, on ANY subject, the employer must pay for that time.
An automated Time & Attendance tracking system makes for fast, accurate payroll preparation. No more adding up timecards, interpreting rounding rules, or keying data into spreadsheets. It also eliminates buddy punching and ghost punches. Your employees simply track their time, the time and attendance software calculate hours based on your unique pay rules. Then it should pass that data to your payroll system to make all earning calculations.
If you’re interested in learning more about timekeeping and the benefits and the cost savings that it provides, check out our website at www.getpayroll.com
Thanks for listening.
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STATUTORY EMPLOYEE & STATUTORY NONEMPLOYEE: Lessons in Payroll with Charles Read
GetPayroll President Charles Read shares his years of knowledge of the payroll landscape to the masses. today's Payroll Lesson: The difference between Statutory Employees Versus Statutory Nonemployees.
www.getpayroll.com
www.thepayrollbook.com
TRANSCRIPT:
Most business owners know the difference between an employee and an independent contractor. The two types of workers. Turns out it’s a bit more complicated. Some workers can fall under 2 other categories: Statutory Employees and Statutory Nonemployees.
Statutory employees are independent contractors who do not necessarily meet the common law test as an employee but have been deemed employees for Federal law purposes by the Federal statute employees for employment tax purposes.
There are four groups of Statutory Employees: Agent or Commission-Drivers, Full-time Life Insurance Salespersons, Traveling Salespersons, and home workers. For the Worker to qualify they must meet the following conditions:
Services are performed by themselves, personally. The Worker cannot make any large investment in equipment or accommodations for the actual work. And have an ongoing relationship with the employer
Statutory Nonemployees are workers that would clearly be employees under the common law test are treated as independent contractors because Congress chose them to be such. They are looked at by the IRS as independent contractors for income tax withholding, FICA, and FUTA taxes, as long as clear circumstances are met.
There are two types of these Statutory Nonemployees: Direct Sellers, and Qualified Real Estate Agents.
The two above non-employees must meet the following requirements before they are exempt from payroll tax withholding requirements.
Compensation is dependent on the employee’s sales or production. Rather than how long they work. As well as, have a contract in writing agreeing they will not be treated as an employee for federal employment tax.
If you’re interested in learning more about payroll, check out our website at www.getpayroll.com or check my new book: The Payroll Book: A Guide for Small Businesses and Startups. Available wherever fine books are sold.
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ESCHEAT: Lessons in Payroll with Charles Read
GetPayroll President Charles Read shares his years of knowledge of the payroll landscape to the masses. today's lesson: ESCHEAT.
www.getpayroll.com
www.thepayrollbook.com
TRANSCRIPT:
"It may seem highly unlikely, but the issue of what to do with unclaimed checks that are uncashed by employees is an ongoing payroll problem. The problem arises when an employee is discharged or resigns and fails to pick up or claim any wages owed.
Or the ex-employee does not cash a check for whatever reason, or a direct deposit returned and never reclaimed by the employee. According to state abandoned property laws, unclaimed wages become a form of “abandoned property” that the employer must pay over to the appropriate state treasury if they remain unclaimed for a certain number of months or years.
The state laws governing abandoned property are known as ESCHEAT laws because the property escheats to the state. Every state does this. Type your state name and the word “escheat” into your search engine and the state department that handles unclaimed property should be one of the first results.
Most states require employers to contact employees to keep unclaimed wages from becoming abandoned property. They are also generally required to file annual reports with the state that include each employee's name, last known address, amount, and payment date of the unclaimed wages, and the date of the last contact with the employee.
With that report, the wages need to be sent to the State Treasury, which will “hold on” to the money indefinitely for the individual. Some states put a minimum level such as $50.00, below which the unclaimed wages do not have to be reported or sent to the state because it is not worth it to the State to process such small amounts.
As an employer, your responsibility for paying those wages is over when you have submitted those funds and completed information to the State. If the former employee contacts you sometime in the future about an amount you have submitted to the State have them contact the State directly, you are no longer responsible for the funds, the State is.
Sending money as escheat to the State does not in any way change your tax obligations at any level.
If you would like to learn more about escheat, check out our website at www.getpayroll.com or check my book: The Payroll Book: A Guide for Small Businesses and Startups. Available at www.thepayrollbook.com, Amazon, or wherever fine books are sold. Thanks for listening."
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PAYROLL COMPLIANCE: Lessons in Payroll with Charles Read
GetPayroll President, Charles Read shares his years of knowledge of the payroll landscape to the masses. today's lesson: Payroll Compliance.
www.getpayroll.com
www.thepayrollbook.com
TRANSCRIPT:
A major component of payroll, that not enough people talk about is COMPLIANCE. Governments are imposing more, not less, requirements on companies to be the source of tax payments for the government rather than the government doing it directly. Remember 75% of all revenue collected by the IRS comes from payroll! In the year 2020, alone, the FFCRA, PPP, and 1099NEC are examples of the government imposing a whole new level of regulations and reporting without compensating companies for the work.
It is almost impossible for an individual to keep up with the changing payroll regulation landscape. They have to rely on others to keep up with all the changes, particularly in a multi-state environment, and let employers know what they need to know.
This is why we highly recommend outsourcing your payroll, to have one less thing complicating your goal of growing and maintaining your business.
In the past 30 years of owning my payroll business, we have always made it our mission to keep our clients in 100% Compliance with the IRS, even going all the way to disputing claims in tax court, if necessary.
If you’re interested in learning more about payroll compliance, check out our website at www.getpayroll.com or check my new book: The Payroll Book: A Guide for Small Businesses and Startups. Available at www.thepayrollbook.com, or wherever fine books are sold.
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