1099 Subcontractor or Employee: An Attorney's Opinion (2/4)

Are the people that work for you independent contractors or employees? Believe it or not, you don't get to choose. Hiring your people under the correct legal structure is one of the best things you can do to avoid lawsuits and penalties. Craig Silva, our attorney, has had a world of experience helping small businesses establish the right legal structure for their employees. Today he walks us through how to tell if you have an employee or a contractor, and why getting it right can help you avoid bankruptcy.

Пікірлер: 27

  • @Drew_Warner
    @Drew_Warner2 жыл бұрын

    This series should be mandatory for anyone starting a contracting company.

  • @SuccessfulContractor

    @SuccessfulContractor

    2 жыл бұрын

    Love it! Thank you!!

  • @hebermolina74
    @hebermolina743 жыл бұрын

    Great info. I recently started my own fence company in California and was completely clueless about this subject. Thank you for providing some content on this.

  • @rogerbettencourt9654
    @rogerbettencourt96543 жыл бұрын

    Craig’s information/knowledge is gold. Thank you guys for sharing this with us. Now you need a Craig segment to the channel. 👍

  • @SuccessfulContractor

    @SuccessfulContractor

    3 жыл бұрын

    He is a great guy and we are lucky to have him as an advisor.

  • @jakebrown9829
    @jakebrown98293 жыл бұрын

    This is some good info. Thank you. We are the guys who 1099 "not employees" Good lesson to learn here.

  • @SuccessfulContractor

    @SuccessfulContractor

    3 жыл бұрын

    Do it right and there is nothing to worry about. Get it wrong and you could be headed for disaster and lots of fines. Thanks for watching.

  • @sharablecortex2725
    @sharablecortex2725 Жыл бұрын

    Absolutely, under the table.....

  • @SuccessfulContractor

    @SuccessfulContractor

    Жыл бұрын

    Shady stuff!

  • @centinnel
    @centinnelАй бұрын

    Stwrting working for an employee and even had to sign a no compete agreement but in treated as an employee. The 1099 sub wasnt discuss and the interview or they ever mention it

  • @leezy7787
    @leezy77872 жыл бұрын

    I'm an employee(in Texas) out of 5 or 6 employees. The owner has us on 1099, and the pay is "salary". We work 60 to 80 hours every week for the same amount of pay but if we miss a day or two we are not paid for that day. No overtime is paid. We use all his tools and truck, are required to be at the shop at a certain time, and what/when/how we're to get things done. Sounds like I'm an employee and not a contractor. Even claims we're employees but doesn't want to have us on w2 because "he has to pay twice the amount of taxes and its not fair"

  • @SuccessfulContractor

    @SuccessfulContractor

    2 жыл бұрын

    Ah the old "save money by paying your people illegally" routine. 🙄

  • @quickdrawmcgraw3784

    @quickdrawmcgraw3784

    Жыл бұрын

    Im in the same exact boat. In Texas, this company has about 13 people on staff. We work 11-14 hours a day / 6 days a week. No overtime. We use their tools and trucks, sometimes I use my truck if a work truck isn’t available. I bought some advertising magnets to put on my truck as I want to start my business as well. They told me they don’t want their customers to see a different company name on my personal truck at their job site. We are sent a message each night with an address and the work that needs to be done and to be at the shop at 6am.

  • @sunnysmiles8211
    @sunnysmiles8211 Жыл бұрын

    I have worked for dentists since 1993 and many of them have intentionally mis-classified me when I was a temporary worker to avoid paying their share of FICA taxes. Then when I worked as a FT hygienist, I had a doctor changing time cards in the computer to avoid paying OT. They have generally kept hygienists at Part time also to avoid paying benefits of any kind. It’s a really tough industry and I’m about to get out of it. Just not much advocacy for the employees. They hire brother in laws or other family members as an “HR” person but that person is really there to cover up for the boss. A lot of it is older men taking advantage of younger women in the workplace. They mostly want agreeable women who don’t ask too many questions, And they also know that most women are afraid to ask for raises and I have yet to work for a boss in recent who openly offers reviews. The employee had to initiate everything.

  • @SuccessfulContractor

    @SuccessfulContractor

    Жыл бұрын

    I’m sorry that you ran into so many bad actors.

  • @sunnysmiles8211

    @sunnysmiles8211

    Жыл бұрын

    @@SuccessfulContractor me too, thanks.

  • @antman3055
    @antman3055 Жыл бұрын

    I’m a 1099 for a trucking in state of Illinois and I you put in a twins notice and the company kept 3 weeks worth of pay. What can I do about it?

  • @SuccessfulContractor

    @SuccessfulContractor

    Жыл бұрын

    Report them to the department of labor with the state and the national DOL....that will light a fire!

  • @antman3055

    @antman3055

    Жыл бұрын

    Thanks… this madness must stop

  • @antman3055

    @antman3055

    Жыл бұрын

    Also what’s DOL

  • @antman3055

    @antman3055

    Жыл бұрын

    Department of labor never mind..lol

  • @carebear1994
    @carebear19943 ай бұрын

    Please bring in a lawyer and have her/ him explain it… because there’s more to it.

  • @SuccessfulContractor

    @SuccessfulContractor

    3 ай бұрын

    He... he is a lawyer.

  • @geophswiss648
    @geophswiss6489 күн бұрын

    Y’all in WYO?

  • @SuccessfulContractor

    @SuccessfulContractor

    7 күн бұрын

    We are. 👍🏻

  • @kevingross9748
    @kevingross9748 Жыл бұрын

    They knew exactly what they are doing before doing so, it's all a scam .

  • @SuccessfulContractor

    @SuccessfulContractor

    Жыл бұрын

    Agreed.