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...
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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,...
EDD E-File and E-Pay Now Mandatory for Certain Employers
Effective January 1, 2017, employers with 10 or more employees are required to electronically file and pay their EDD employment tax returns, wage reports, and payroll tax deposits. All other employers will be subject to this requirement effective at the start of...
Shareholder Loans and Your California Payroll Tax Audit
Although it is common practice for corporate officers to take shareholder loans from company coffers, weak or inconsistent recordkeeping can turn this into a serious problem during California payroll tax audits - undocumented loans are often picked up by state tax...
Uber to Pay Up To $100 Million over Worker Classification Dispute
Employers who wish to utilize independent contractors in their business model may often do so, however, adequate review of the employers' documents and practices is crucial to a successful business plan based on an independent contractor workforce. This week, Uber...
