378: The Danger With Classifying 1099s: Update with Philip Siegel

Welcome! There are lots of changes and many questions about the new laws affecting our industry right now. Today’s episode is the follow-up to Episode 376 where Philip Siegel helped clarify the new laws in effect regarding the classification requirements for 1099 and W-2 employees. Philip is our trusted expert labor attorney and the go-to guy for this topic. He joins us to give more information and warnings that every contractor should take seriously. Join us to learn more!

What you’ll hear in this episode:

• An overview of the 1099 vs. W-2 issue (the new law under the Biden administration compared to the former policy under Trump)
• Philip’s observations about wage and hour audits, OSHA investigations, and a whopping $1.2 million fine
• Two hotspots for contractors: installation crews and salespeople
• Philip’s advice about the factors to consider in classifying employees correctly
• Don’t ignore the facts!
• Fact #1: The chances of getting caught and facing hefty fines are increasing!
• Fact #2: Independent contractors must be free to work for other companies and reject work (to be classified as such)
• Understanding noncompete and nonsolicitation provisions–and what has changed, thanks to the FTC (Check out Episode 114 with Philip: How to Prevent Employee Poaching By Your Competitors.)
• Why should an employer have a non-compete provision?

Resources

Connect with Philip Siegel: 404-469-9197, Email, and Website

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