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Drivers, Employee's & Some Basics


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#21 BounceNHouse

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Posted 28 September 2011 - 02:19 PM

And another thing to remember..... If the local paper wants to do a story on your 4 year old son who knows how to set up inflatables better than most grown men..... be careful of the DOL and child labor laws.....

jm2c


that is funny but my 5 year old can roll better than some guys
  • Mandyzvi, Joryiktisp, CpgtsHeR and 3 others like this

#22 JBM71

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Posted 19 October 2011 - 01:29 PM

I'm in California, can someone recommend me an agent for worker's comp?

#23 Jam Pack Rentals

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Posted 15 February 2012 - 08:01 AM

Great advices guys.
Thanks.

#24 joed

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Posted 12 June 2012 - 08:10 PM

If you have people clean your units can they be independent contractors? What if they are are working as attendants (not actually driving or unloading anything?)

Just wondering if there is a line.

#25 Bigbee's Bounce-A-Lot

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Posted 24 February 2013 - 06:30 AM

Even if a guy owns his own truck and trailer he still can not be classified as a independant contractor? I used to own a vendor route and I was classified as an Independant operator.(1099) That wont work?



#26 AHB

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Posted 24 February 2013 - 09:15 AM

http://search.irs.go...elds=-archive:1

Read thru IRS topics.

If you have any control over when and how, or provide any training for the job, than typically the person is an employee.

Also remember people now have a recourse against an employer, who misclassifies them as an independent contractor. The you would have to go back and pay the employers half of the employees social security and Medicare taxes.

2 base questions to ask yourself if the person is an independent contractor.
1. Are they intending to start their own business?
2. Do they have the opportunity to make a profit and loss.

In my experience, most do not qualify as IC's in our business.
People who do are typically others who already have their own business going, ie, clowns, face painters, entertainers, basically anyone you might sub contract a service from.

#27 Dreamcastle

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Posted 05 September 2013 - 11:19 AM

My accountant has asked me to list the delivery guys as contractors. I've got guys that come and go, do what they want when they want and how they want. I know around here (IL) a lot of the bounce house companes do this. Does everyone list these guys as employees and pay workers comp + unemployment? I was advised to send a 1099.



#28 AHB

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Posted 05 September 2013 - 10:05 PM

My accountant has asked me to list the delivery guys as contractors. I've got guys that come and go, do what they want when they want and how they want. I know around here (IL) a lot of the bounce house companes do this. Does everyone list these guys as employees and pay workers comp + unemployment? I was advised to send a 1099.

Your accountant is saying this because it is easier for him, and cheaper for you. But it screws the people who work for you.They will have to file a Sch C at tax time, just like they are self employed.they will have to pay the 15.2% of self employment tax, and it will make their tax prep fees go up, plus put them at a bigger risk of getting audited if they do not know what they are doing.

 

If they do what they want, when they want, how do your units get delivered on time?



#29 The Bounce House

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Posted 06 September 2013 - 01:52 AM

My accountant has asked me to list the delivery guys as contractors. I've got guys that come and go, do what they want when they want and how they want. I know around here (IL) a lot of the bounce house companes do this. Does everyone list these guys as employees and pay workers comp + unemployment? I was advised to send a 1099.


You need a new accountant. It's been explained over and over on this forum why your employees are just that, employees...not contractors. Your accountant is leaving you wide open for a major penalty if and when the IRS figures it out.

#30 Dreamcastle

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Posted 06 September 2013 - 07:07 AM

Thanks for your input. I'm going to have this changed. 

 

 

My accountant has asked me to list the delivery guys as contractors. I've got guys that come and go, do what they want when they want and how they want. I know around here (IL) a lot of the bounce house companes do this. Does everyone list these guys as employees and pay workers comp + unemployment? I was advised to send a 1099.


You need a new accountant. It's been explained over and over on this forum why your employees are just that, employees...not contractors. Your accountant is leaving you wide open for a major penalty if and when the IRS figures it out.

 



#31 Dreamcastle

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Posted 08 September 2013 - 04:10 PM

If these guys are employees, then are they able to take unemployment during the off season? We have a large off season here in Illinois. Thanks



#32 CapitolOnlineAuctions

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Posted 08 September 2013 - 04:20 PM

"You are not an independent contractor if you perform services that can be controlled by an employer (what will be done and how it will be done). This applies even if you are given freedom of action. What matters is that the employer has the legal right to control the details of how the services are performed."

 

This is from the IRS website, here is the link http://www.irs.gov/B...tractor-Defined



#33 AHB

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Posted 08 September 2013 - 06:30 PM

If these guys are employees, then are they able to take unemployment during the off season? We have a large off season here in Illinois. Thanks

I have had a few people try and collect unemployment in the off season, but when I explain that it is seasonal work and they still have a job, but no work is available at the time, the claim is always denied. Needless to say if they come back the next season their hours are severely cut. It's the same deal as when I work at HR Block in the winter, I know that it is seasonal work.



#34 Bobby_M

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Posted 01 October 2013 - 08:58 PM

I was thinking to hire a driver next year.  Is it a terrible thought to just give a flat rate like $50-$75 per delivery cash and not worry about all the paticulars for now?

I will most likly be able to give my driver 4-6 deliveries a weekend and am thinking to find someone who has their own truck/trailer. 



#35 funlight

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Posted 02 October 2013 - 02:55 AM

I looked into using "contractors" to run my walls and was promptly told that it causes a break in my control for insurance purposes. My insurance stop where my employee control stops.

 

If you have "contractors" doing your deliveries and set ups you may have to check to see if you still have insurance.



#36 Amanzi

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Posted 06 October 2013 - 05:48 AM

There is great advice on this thread.



#37 Carnival Party Rentals

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Posted 18 March 2015 - 11:01 AM

Great information, many thanks!






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