Spamdex - Spam Archive

Report spam

Send in your spam and get the offenders listed

Create a rule in outlook or simply forward the spam you receive to

Also in

'Employer' and 'employment' definitions changing, problems brewing: What it means for employers

How to hire independent contractors without ending up in the IRS crosshairs
Trouble viewing this mail? Read it online
Human Resources

'Employer' and 'employment' definitions changing, problems brewing: What it means for employers

by Michael D. Billok, Esq., Bond Schoeneck & King, Albany

Federal agencies—under the guise of expanding the definitions of employer and employment—are looking to hit a trifecta against independent contractors, franchisors, parent companies and similar entities. Three agencies in particular seem to think it's a good bet.

Protect yourself from any IRS challenge of worker classification with Using Independent Contractors.

Wage and Hour Division

In April 2014, David Weil became the new head of the U.S. Department of Labor's Wage and Hour Division (WHD).

Before leading the WHD, Weil had published a book titled The Fissured Workplace, a dense lament on the perceived evils of independent contracting and franchising. Weil claims companies want to "have it both ways" by not bearing responsibility for the workers whose labor benefits them.

Thus, it wasn't surprising that Weil would seek to remedy those perceived evils at the WHD. However, the extent to which his philosophy has reached other agencies is surprising.

Fast forward to July 2015, when Weil issued an Administrator's Interpretation turning the classic test for independent contractor status on its head.

The central tenet used to be control: Does the company set the worker's hours, have the power to discipline the worker, supervise and direct the worker, etc., or instead does the company simply give the worker the contours of the job, and pay contingent on the acceptability of the work?

The new Administrator's Interpretation, however, focuses on the "economic realities" of the work arrangement, and whether the worker is "economically dependent" on the company.

Most workers have some dependence on the source of the income, and therefore unless a worker has multiple sources of income to demonstrate that he or she is truly in business for himself or herself, many people who currently consider themselves to be independent contractors are now employees in the eyes of the Wage and Hour Division.

National Labor Relations Board

But the Wage and Hour Division is not the only agency to get into the act. In August, the National Labor Relations Board (NLRB) issued a controversial decision in the Browning-Ferris case.

It basically held that a staffing agency, franchisor or contractor that reserves the right to make decisions affecting a worker's employment, even if the entity does not actually exercise that right, will likely be considered a joint employer.

In short, the NLRB is also seeking to follow Weil's lead and fuse "the fissured workplace" to hold contractors and other types of entities responsible for possible employment violations under the guise of joint employment.

Working with independent contractors can save you a bundle – IF you do it right. With this comprehensive and must-have guidebook, Using Independent Contractors, you can hire freelancers or consultants without the IRS breathing down your neck and questioning your employee classification. So save yourself from an IRS headache – order your copy today!

OSHA steps in, too

Not to be outdone, OSHA is going for the trifecta.

The International Franchise Association (IFA) has disclosed that it is receiving reports from its members that OSHA investigators are seeking information and documents during inspections to tie franchisors into those inspections in order to cite them as employers along with franchisees.

The IFA is concerned that OSHA is (at the behest of unions such as the Service Employees International Union) looking to simply treat franchisors as employers regardless of the details of a franchisor-franchisee relationship.

Indeed, the IFA obtained a copy of an internal OSHA memo that shows that OSHA is looking to follow the WHD and NLRB's lead, trying to determine whether the relationship between franchisors and franchisees could make both jointly "liable as employers under the OSHA Act." The memo continued:

As a general matter, two entities will be determined to be joint employers when they share or codetermine those matters governing the essential terms and conditions of employment and the putative joint employer meaningfully affects the matters relating to the employment relationship such as hiring, firing, discipline, supervision and direction.

What it means for employers

In short, any entity with franchisees, independent contractors or other vendors should pay attention to this emerging trend.

Be well aware that any investigation or inspection by the federal agencies tasked with enforcement of labor and employment laws—U.S. Department of Labor's Wage and Hour Division, the NLRB and now OSHA—may seek to expand the investigation or inspection well beyond just the franchisee or contractor inspected, to any franchisor, parent company or beneficiary of a contract for services.

Are you making these mistakes with freelancers?

Freelancers and independent contractors are a familiar component of today's lean and mean American business scene. They can ease your workload without adding expensive full-time worker costs to your budget.

But there's nothing the IRS loves better than collecting "unpaid" payroll taxes and penalties. And if you misclassify your independent contractor, you can be in big trouble. That's why you need Using Independent Contractors. This important book shows you:
  • The IRS's 10-question test to establish worker classification. Ignore these rules at your peril
  • The secret way to avoid back taxes even if the IRS reclassifies your workers
  • Using Independent ContractorsWhy the 1099 could blow up in your face and cost you a fortune
  • How to negotiate a fair price with an independent contractor
  • The one trick to writing an iron-clad freelancer contract that protects you from lawsuits
  • The simple steps to integrating freelancers into your permanent staff without hassles
  • And so much more!
Send for your copy today. Rest easy with our 100% Money-Back Guarantee if you're not completely satisfied. Order your copy today!
Google Plus
Linked In

The email address for your subscription is
| About Us | Contact Us | Privacy Policy
Copyright 2015 Capitol Information Group (CIG). All rights reserved.
7600A Leesburg Pike
Falls Church, VA 22043


All titles, content, publisher names, trademarks, artwork, and associated imagery are trademarks and/or copyright material of their respective owners. All rights reserved. The Spam Archive website contains material for general information purposes only. It has been written for the purpose of providing information and historical reference containing in the main instances of business or commercial spam.

Many of the messages in Spamdex's archive contain forged headers in one form or another. The fact that an email claims to have come from one email address or another does not mean it actually originated at that address! Please use spamdex responsibly.

Yes YOU! Get INVOLVED - Send in your spam and report offenders

Create a rule in outlook or simply forward the junk email you receive to | See contributors

Google + Spam 2010- 2017 Spamdex - The Spam Archive for the internet. unsolicited electric messages (spam) archived for posterity. Link to us and help promote Spamdex as a means of forcing Spammers to re-think the amount of spam they send us.

The Spam Archive - Chronicling spam emails into readable web records index for all time

Please contact us with any comments or questions at Spam Archive is a non-profit library of thousands of spam email messages sent to a single email address. A number of far-sighted people have been saving all their spam and have put it online. This is a valuable resource for anyone writing Bayesian filters. The Spam Archive is building a digital library of Internet spam. Your use of the Archive is subject to the Archive's Terms of Use. All emails viewed are copyright of the respected companies or corporations. Thanks to Benedict Sykes for assisting with tech problems and Google Indexing, ta Ben.

Our inspiration is the "Internet Archive" USA. "Libraries exist to preserve society's cultural artefacts and to provide access to them. If libraries are to continue to foster education and scholarship in this era of digital technology, it's essential for them to extend those functions into the digital world." This is our library of unsolicited emails from around the world. See Spamdex is in no way associated though. Supporters and members of Helping rid the internet of spam, one email at a time. Working with Inernet Aware to improve user knowlegde on keeping safe online. Many thanks to all our supporters including Vanilla Circus for providing SEO advice and other content syndication help | Link to us | Terms | Privacy | Cookies | Complaints | Copyright | Spam emails / ICO | Spam images | Sitemap | All hosting and cloud migration by Cloudworks.

Important: Users take note, this is Spamdex - The Spam Archive for the internet. Some of the pages indexed could contain offensive language or contain fraudulent offers. If an offer looks too good to be true it probably is! Please tread, carefully, all of the links should be fine. Clicking I agree means you agree to our terms and conditions. We cannot be held responsible etc etc.

The Spam Archive - Chronicling spam emails into readable web records

The Glass House | London | SW19 8AE |
Spamdex is a digital archive of unsolicited electronic mail 4.9 out of 5 based on reviews
Spamdex - The Spam Archive Located in London, SW19 8AE. Phone: 08000 0514541.