Worker’s Compensation Tax Labor & Employment

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Just Because You Say It, Doesn't Make It So

Many companies in the technology industry pay workers as “independent contractors” or “1099 workers.” In theory, classifying individuals as independent contractors rather than employees can bestow significant economic...more

Employee Stock Ownership Plans

Nexsen Pruet tax and benefits attorney Sue Odom discusses why Employee Stock Ownership Plans are her favorite, including huge tax advantages for certain businesses....more

White & Case ECB News – Issue 2, 2015: 60 seconds around the globe – ECB News Issue 2, 2015

China - Changes to Employee contribution rates for work related injury insurance and maternity insurance - As of 1 October 2015, employer contribution rates for injury-at-work insurance and maternity insurance have been reduced in accordance with two notices issued by the Ministry of Human Resources and Social Security of the People's Republic of China.more

Supremes Tell States Gay Marriage is Legal

Recently, the U.S. Supreme Court struck down state laws the prohibit gay marriage in Obergfell v. Hodges, No. 14-556 (June 26, 2015), First, the Court held that the Fourteenth Amendment requires a State to license a marriage between two people of the same sex. Second, the Court held that the Fourteenth Amendment requires a State to recognize a same sex marriage licensed and performed in another State that does recognize that right.more

Alberta's NDP Government and Potential Labour and Employment Policy Changes

On May 5, 2015, Rachel Notley and her New Democratic Party (NDP) were elected to a majority provincial government in Alberta. This is the first change of the governing political party since the 1971 election. Changes to policy and legislation are widely expected as a result of this significant political shift.more

Employees vs. Independent Contractors: The Consequences of Misclassification

The distinction between independent contractors and employees carries more burdens, consequences, and decisions than ever before. In addition to the tax consequences, there are health care compliance consequences, workers’ compensation consequences, and even intellectual property consequences. Understanding the consequences of misclassification is paramount to properly structure an employer’s workforce.more

Rhode Island Establishes Tip Line For Worker Misclassification

Rhode Island’s Joint Task Force on the Underground Economy and Employee Misclassification announced earlier this month that it has set up an anonymous telephone tip line for reporting allegations of independent contractor misclassification.more

Executive Briefing

In its decision on Templemire v. W&M Welding, Inc., the Missouri Supreme Court imposed a minimalist “contributing factor” causation standard on workers’ compensation retaliation claims. The decision overrules two precedents, and will likely result in an increase in claims under the work comp law. more

U.S. Tax Court Decision Shows Importance of Carefully Drafting Settlement Agreements

In Sharp v. Commissioner, the United States Tax Court once again demonstrated the importance of carefully crafting settlement agreements and reaffirmed that emotional distress damages are taxable income to the recipient.more

New Tennessee Law Penalizes the Construction Industry For Misclassifying Workers

Effective July 1, 2013, the Tennessee Department of Labor and Workforce Development (TN DOL) will be authorized to impose penalties on construction companies that avoid paying workers’ compensation premiums by misclassifying workers as independent contractors rather than employees.more

Recordkeeping Part II

Who, What, Why . . . Who does it apply to: In this edition, it varies according to the requirements of the particular law identified below. I am taking a short two-part break from my regular format to bring you the record keeping requirements under Texas and Federal law.more

China now enforcing social security enrolment by foreigners in most major cities

Implementing regulations have now been rolled out in most major cities in China making it mandatory for foreign staff to enrol in the PRC social security system. Employers with foreign staff in cities which have so far not issued similar regulations face uncertainty and possible late enrolment penalties if their foreign staff wait to be enrolled. The current situation presents difficulties for employers in cities where enrolment is compulsory and cities where it is not.more

Nigeria Industrial Training Fund (Amendment) Act 2011

The Nigerian Industrial Training Fund Act 2004 has been amended by the Industrial Training Fund (Amendment) Act 2011. The Industrial Training Fund is established to utilise contributions to the Fund to “promote and encourage the acquisition of skills in industry and commerce with a view to generating a pool of indigenously trained manpower sufficient to meet the needs of the private and public sectors of the economy.” Every employer with five or more employees or with an annual turnover of N50Million and above, is obligated by Section 6 of the Industrial Training Fund (Amendment) Act 2011 to contribute one per cent (1%) of its total annual payroll to the Industrial Training Fund as the employer’s contribution to the training of employees in Nigeria. The mandatory one per cent (1%) ITF contribution must be made not later than the 1st Day of April of the following year. The Industrial Training Fund Governing Council (“the ITF Council”) may make a refund of up to fifty per cent (50%) of the employer’s contribution to the IT Fund if the ITF Council is satisfied that the training programmes of the employer are in accordance with the ITF reimbursement schemes. ITF is however required to notify the Federal Board of Inland Revenue Service of any refunds made in pursuance of the provisions of this law as contributions and refunds will ultimately affect the tax obligations of the employer concerned. The impact of the Industrial Training Fund in the past three decades of its existence remains to be felt in both the private and the public sectors of the Nigerian economy. This is particularly highlighted by the deterioration in the educational standards in Nigeria. Organised private sector will do well to promote and institutionalise the objectives of the industrial training fund as this will make Nigerian products and brands to be more competitive in the regional and international markets.more

EMI share options boost: by far the most tax-efficient incentive in the UK

EMI stock options are clearly the most tax-effective incentive arrangements in the UK, and have been given a boost by favourable changes in the 2012 Budgetmore

Newsletter on the new Chinese Social Insurance Law, Catalogue on Guidance for Foreign Investment Industries, and New Enterprise Income Tax for Non-Resident Enterprises

New social insurance law impacting on foreigners living and working in China Proposed changes to the Catalogue for Foreign Investment, the main reference for every starting business in China, dividing foreign investments into encouraged, restricted and prohibited activities Enterprise Income Tax Law impacts on: - enterprise established under the law of a foreign country (region), whose actual institution of management is not inside China but which has offices or establishments inside China; or - enterprise which does not have any offices or establishments inside China but has incomes sourced in Chinamore

Permissão para pagar Vale-Transporte em dinheiro

O Supremo Tribunal Federal, dia 13/05/2010, criou precedente ao decidir, no RE 478.410, que é inconstitucional proibir o pagamento do benefício “Vale-Transporte” em espécie.more

Avoiding the Misclassification of Workers in the Small Business

The decision whether to staff with employees or independent contractors hinges on a number of practical issues. Owners are able to exercise more control over the actions and methods of employees than ICs. Employees also tend to be more committed to the store's image and business objectives than ICs. On the other hand, ICs can be brought in to help for short periods and then let go without hard feelings or legal issues, as long as both parties honor their end of the agreement. And ICs do not require the same care and feeding as employees, such as benefits and training. Scuba retailing, as an example, requires both types of worker to serve its customers. There are other businesses that share these characteristics. But aside from these practical issues, there are other more important considerations with regard to employee vs. IC staffing, and big headaches can develop by blurring the distinction between these classifications. Problems can include a variety of unexpected liabilities from a number of sources related to taxes, insurance and lawsuits, even when the business owner believes he or she is doing everything right. Simply labeling your contractor instructors "ICs" and issuing 1099 forms are not enough to avoid the pitfalls of worker "misclassification."more

Avoiding the Misclassification of Workers in the Dive Center

Independent contractor staffing makes tremendous sense for dive retailers. Recreational scuba tends to be seasonal, and the demand for staff such as instructors and boat captains fluctuates during the year. Like any business, success in dive retailing requires managing overhead and cash flow, and there is a large and ready contingent of qualified instructors, divemasters, and boat captains who do not seek permanent gigs in the scuba industry but are eager to affiliate with a dive store to ply their training. The decision whether to staff with employees or ICs hinges on a number of practical issues. Store owners are able to exercise more control over the actions and methods of employees than ICs. Employees also tend to be more committed to the store's image and business objectives than ICs. On the other hand, ICs can be brought in to help for short periods and then let go without hard feelings or legal issues, as long as both parties honor their end of the agreement. And ICs do not require the same care and feeding as employees, such as benefits and training. The dive industry requires both types of worker to serve its customers. But aside from these practical issues, there are other more important considerations with regard to employee vs. IC staffing, and big headaches can develop by blurring the distinction between these classifications. Problems can include a variety of unexpected liabilities from a number of sources related to taxes, insurance and lawsuits, even when the business owner believes he or she is doing everything right. Simply labeling your contractor instructors "ICs" and issuing 1099 forms are not enough to avoid the pitfalls of worker "misclassification."more

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