Atrium’s Post

Independent Contractor (IC) compliance is all about the rules and regulations that businesses need to follow when working with Independent Contractors (1099 workers). These guidelines are set by federal and state governments to ensure everything is done by the book. Navigating these compliance requirements is crucial for organizations to steer clear of legal troubles and hefty fines. The tricky part? IC compliance can differ based on where you are and what industry you're in. So, where should you start? Here are 6 common mistakes to avoid when working with Independent Contractors.

The #1 mistake small/new business owners and solopreneurs make that will cost thousands $$$$ in legal penalties and fines is: 📝 Misclassification of workers. The main difference between an employee and an independent contractor is: ◼ Employees are hired for an employer and job duties are outlined for them. Employees complete daily tasks that carry the day-to-day operations in a business. ◼ Contractors provide a service and there are no specific job duties assigned. Often times, it's a one-time service contract for specific deliverables and should be outlined in some sort of contract agreement. If you have hired contractors (1099s) for your business and you are relying on the contractor to complete daily task that carry majority of the weight of your business operations, you JUST might have an employee. Not knowing doesn't release the legal liability 🤑 if you misclassify workers in your business. Reach out if you have any questions regarding classification of workers. 1-4-24 #hrcompliance #hrconsulting #freelancehrconsultant #businessconsulting #creatoreconomy #latinasinbusiness #latinamentor

DEADLINE DAY IS HERE! A reminder that the deadline to submit your Intermediary Report to HMRC is today! For 3R's back-office users it’s super quick. All you need to do is download your perfectly formatted intermediary report from our system, & upload. #HMRC #Recruitment #Compliance

There's deadline days & then there's DEADLINE DAY! A reminder that the deadline to submit your Intermediary Report to HMRC is today! For 3R's back-office users it’s super quick. All you need to do is download your perfectly formatted intermediary report from our system, & upload. #HMRC #Recruitment #Compliance

Imperative of Legal Compliance: A Call to Action ⚖️ As someone immersed in the complexities of labour law, I've seen firsthand the grave consequences of non-compliance. Ignorance is never an excuse - the penalties are severe for organizations and individuals alike. The Stakes are High. For lawyers: Your clients' trust is paramount. One misstep can expose them to risks and liabilities. For HR professionals: You safeguard the workforce. Overlooking laws breeds lawsuits, reputational damage, and toxic cultures. The Path Forward Compliance demands: ✔️ Vigilance and due diligence ✔️ Mastering legal nuances ✔️ Continuous learning ✔️ Proactive risk mitigation Due Diligence is Key • Scrutinize policies and practices • Question assumptions • Embrace best practices • Uphold rights and ethical standards The Rallying Cry Compliance underpins our legal system's integrity. Embrace it as lawyers and HR professionals to: ✅ Protect client/employee interests ✅ Contribute to a just, equitable society At Legal-Chain, we empower you to navigate labour law confidently. Join our waitlist today for early access to our revolutionary case prediction platform. Spots are limited - secure yours now! https://hubs.ly/Q02qJfM20

Attention employers/businesses: No more non-competes with workers! The Federal Trade Commission has issued a new rule that non-compete agreements between employers and workers that take effect after employment termination violate federal antitrust laws. The rule doesn't apply to non-competes entered in the course of a business sale, nor does it invalidate lawsuits for existing violations of non-compete agreements. It also does not appear to apply to agreements between companies or to agreements that are effective during the course of employment. Beginning 120 days after the new rule is published in the Federal Register (it hasn’t happened yet so the official date is currently unknown), it will be considered an unfair trade practice to require or ask any worker (defined as "a natural person who is employee, independent contractor, extern, intern, volunteer, apprentice, or sole proprietor who provides a service to a person") to agree to a non-compete, whether by contract or policy, verbally or in writing. It doesn’t matter how the worker is classified under state law or other federal laws. Existing non-competes with most workers will be unenforceable once the rule takes effect, with a limited exception for those with senior executives (people who are in a policy-making position for the business making total annual compensation of at least $151,164). Once the rule becomes law, neither workers nor senior executives can be made subject to a non-compete. Action Steps: 1. Do not enter into new non-compete agreements with workers. 2. Review your employment contracts and policies to remove non-compete language. 3. Document the contact information of every worker with whom your business has a non-compete that would still be in effect but for the law changing. 4. Provide a notice of non-enforceability (see below) to all workers with whom you have or had any non-compete agreements or policies in place. **Notice of Nonenforceability This is a written notice alerting workers that their non-compete clause will not be enforced against them. The person who entered into the non-compete clause with the worker must identify themself and provide clear and conspicuous notice by the effective date of the rule. The notice must be either on paper hand-delivered to the worker or mailed to their last known personal street address, or sent by email to the worker's current work email address or last known personal email address, or texted to their mobile phone number. The FTC has provided model language (posted in the comments) to use in the notice. Be sure to customize the language by altering the text in the bracketed areas (delete the brackets so it reads properly). If the complete notice is properly sent, the employer can present it as evidence of compliance. Contact your attorney for more information. #law #legalguide #businesslaw #freelancer #selfemployed #sidegig #compliance #legalhelp #trademarks #copyright #marketinglaw #author #noncompete #employer

Payroll & Labour Law compliance obstacles: -Cross-jurisdictional/country complexities -Language & cultural barriers - Lack of standardized compliance frameworks Compliance tracking software, #ACT, robust functions: -Real-time compliance status scorecards -Location-wise status with the integration of Google Maps -Entity-wise, act-wise, & location-wise compliance status -Standardized single window platform MYND, one of the peerless compliance outsourcing companies, provides bespoke compliance solutions. #IntelligenceAutomated #ComplianceManagementAutomated

Does your business properly classify independent contractors? #EmploymentLaw attorneys Kody Condos, Camila Moreno, and Greg Saylin analyze the new six-factor test in the #DOL’s final rule defining “independent contractor" under the #FLSA, effective March 11, 2024, and provide practical tips for employers. Read more on the Employers’ Lawyers blog here: https://lnkd.in/gnB_GXib

400 business across Ireland are potentially facing fines due to being in violation of new Irish tipping law! The most common issue found by employers is the ability to show your staff are fairly distributed amount staff and 100% of the tip goes to the employee. What is needed here is end to end transaction reports on electronic tips. These reports can have a huge impact on business admin and day to do running of the business. Unfortunately some businesses have turned off their tipping function on card machines for this exact reason! Outsourcing your compliance and tip practises can save a business a lot of money and give them the security knowing they are inline with all legislation. Aswell as giving the employees the ability to earn electronic tips again! JustTip provides - Fair and transparent splitting of tips - End to end transaction reports - Removes liability from the employer - Gives staff the ability to earn tips again Enterprise Ireland , The Irish Times , Ibec Small Firms Association , Restaurants Association of Ireland Mhttps://lnkd.in/eYez7qXr

I'm sure many have heard about the major ruling from the FTC this week to ban non-compete clauses. Legal challenges were expected, and indeed the first of these was filed only hours after the announcement. It is unclear what the future holds and how long it may take such lawsuits to work their way through the system. In the meantime, employers should take the following steps... 1. Review the final rule linked at the bottom of this blog post. 2. Determine affected workers or independent contractors who will need to be provided with notice of non-enforcement. 3. Review restrictive covenants and confidentiality agreements with legal counsel for applicable updates.