The importance of paying over employment taxes cannot be overstated. Larry Kudsk, a Berkeley construction businessman, learned this the hard way recently when he was indicted on seven counts of failing to pay over employment taxes he withheld from employee’s...
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IRS Reminder: Correctly Classify your Workers!
Recently the IRS released some tax tips for small business owners and self-employed individuals. One critical reminder for all business owners: correctly identify workers as either employees or independent contractors. Misclassifying an employee as an independent...
California EDD Measures Demand for Nurses, Truck Drivers, and Retail Work
Not surprisingly, in the EDD’s annual Labor Day Briefing the Department noted that registered nurses are the most in-demand occupations in California, along with operations managers for occupations identified as high-skilled. As we continue to recover form the...
Unemployment Benefit Fraud – What To Do
While the state and federal law enforcement agencies aggressively target those committing fraud for COVID-19 relief payments and unemployment compensation claims, be aware that if someone has filed a claim using your social security information, you will receive Form...
AB 5-Compliant Independent Contractor Agreements
Assembly Bill 5 was passed and signed into law in September 2019. The bill instituted the new California worker classification test, the ABC Test (Labor Code section 2750.3), which states that a worker is an independent contractor only if the company hiring the worker...
Uber and Postmates Denied Injunctive Relief Against AB 5
Uber and Postmates hit another AB 5 roadblock this month when a California district court refused to enjoin enforcement of AB 5, finding that AB 5 is rationally related to the state’s valid interest in preventing misclassification of works, that the plaintiffs could...
Good News for California Truckers and other Independent Contractors
Two recent court decisions are helping to quell the effects of the recently-passed Assembly Bill AB 5 (Gonzales, Chaptered September 18, 2019) in regard to California trucking companies, by determining that federal law preempts the most problematic part of both AB 5...
Gig Economy and Other Worker Classification May Differ for Federal and California Purposes
Nearly a year ago, the U.S. Department of Labor issued an opinion that most "gig economy" workers are properly classified as independent contractors.The gig economy labor market is made up of individuals who complete short-term contracts or freelance work, rather than...
CA Supreme Court Enhances Independent Contractor Restrictions for Employers
The long-anticipated case Dynamex Operations West, Inc. v. Superior Court of Los Angeles, was issued on April 30, 2018. The case dealt with whether delivery drivers classified as independent contractors were misclassified as such under California Industrial Wage...
Great News for California Business Taxpayers: EDD Amends Burdensome Penalty for “Failure to File Worker Information Returns”
Since 1990, the California Employment Development Department (EDD) has retained the statutory authority to issue penalties for failure to file Forms W-2 and/or 1099. Until this year, effective January 1, 2018, taxpayers assessed the steepest of those penalties,...
