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Employment: Am I an employee or 1099?

Employment: Am I an employee or 1099?

Attorney, Bradley Hunt The landscape of traditional employment is changing. Whether you’re a traditional employee or a contract one, you should know what type of employment agreement you are signing or adhering to. Understanding the difference between an employee and an independent contractor is important. Traditional vs. Contract According to the Internal Revenue Service  (IRS), there are three categories that must be examined to determine if a person is an employee or an independent contractor. These three categories include: Behavioral Control – covers facts that show if the business has a right to direct and control what work is accomplished and how the work is done, through instructions, training, or other means.Financial Control – covers facts that show if the business has a right to direct or control the financial and business aspects of the worker’s job.Relationship of the Parties – covers facts that show the type of relationship the parties had. Unlike behavioral control, relationship of the parties may include details related to but not limited to written contracts, employee benefits, and permanency of the relationship. Independent Contractor While there are many differences between being a traditional employee and a contract worker, there is one main element that applies to contract employees. For a contract worker, the IRS states that “An individual is an independent contractor or 1099 employee if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done.” As a contract worker knowing what state or federal laws, rules, or guidelines are applicable to your line of work is...
Workers’ Compensation Guide

Workers’ Compensation Guide

By David Inabinett, Attorney Notify employer of work injury A. Submit a written accident report to your employer no later than 30 days from the date of the accident. B. If unable to complete the written report, notify the employer verbally and complete the written report as soon as possible. C. Be sure to give as much detail as possible about the injury like what you were doing, where you were working, tools being used, who you were working with, supervisor’s name, if machinery malfunctioned, etc. D. Make sure to tell your employer the names of all witnesses to your injury to ensure the witnesses are asked to complete a written witness statement about what they saw/heard happen, along with their full names and addresses. E. Try to take your own pictures of the place of accident/injury (if you are able).  If not ask your employer (or a fellow employee) to take photos of the injury and the accident scene.  IMPORTANT:  Specifically make note if any employer-owned machinery or tools were defective, which led to the accident.  2. Seek treatment immediately A. Have your employer implement immediate first aid; seek immediate emergency care as needed.  B. If you need further medical care, ask your employer which doctor you should see. Most employers will have a list of medical providers that are approved by their workers’ compensation insurance carrier. Most employers will require that you seek treatment at these approved providers for urgent care, ortho, etc.  If you do not, then the workers’ compensation insurance carrier will likely not pay for these medical costs. C. Seek outside treatment only if necessary...
Impact COVID-19: Families First Corona Virus Response Act, Unemployment, and More

Impact COVID-19: Families First Corona Virus Response Act, Unemployment, and More

There is no doubt things have changed for you and the entire country. Children are being homeschooled. Businesses are temporarily closed or permanently shut down, and unemployment is on the rise. Who knew at the start of 2020 that we all would be under stay-at-home orders? Watch our virtual seminar from Brinkley Walser Stoner attorney Bradley Hunt to learn and understand how to navigate changes to the law. A special thank you to the Women’s Resource Center of Greensboro. Brinkley Walser Stoner attorneys are here to help with your legal needs; schedule your appointment today to speak with one of our experienced...
National Disability Employment Awareness Month

National Disability Employment Awareness Month

October ushers in fall and the beginning of holidays and celebrations. It is fitting that October is National Disability Employment Awareness Month. National Disability Employment Awareness Month was established by Congress in 1988 to applaud the many contributions by individuals with disabilities in our workforce, and to educate the public on issues encountered by those with disabilities. This year’s theme is: ”America’s Workforce: Empowering All.” Visit, What Can You Do to educate and inspire your team to focus on what each person CAN DO to effect and empower the team as a whole. We would like to take this opportunity to reiterate the importance of focusing on the “can do” by reminding employers of best practices: When hiring, you cannot discriminate because a person has a disability. What you can do is make reasonable accommodations for the individual so he or she can do the job without any barriers. The Americans with Disabilities Act Overview provides a good understanding of what you can do. Encourage team members to get to know each other. This helps put the focus on the person (and their abilities) rather than the disability. When referencing a person with a disability, you should not say “disabled person” or call the person by the name of the disability. Once an individual with a disability has been hired, remember to provide the same access to advancement, trainings, benefits and any other offering your company extends to all employees. Not all disabilities are visible or immediately apparent. Make certain all your supervisors and managers are aware of how to address requests for reasonable accommodations. Get your company involved! The...
Best Practices for Employee Reviews

Best Practices for Employee Reviews

By Bradley Hunt, Attorney at Law If you are like many supervisors, preparing and delivering annual employee reviews is not on your list of favorite things to do! That said, regular performance reviews are important, and how they are handled matters. Reviews are important to employees Employees want and need feedback, and regular communication with individuals and teams can help improve the work environment. Knowing what they are doing well and where they need to improve can make employees feel the employer cares about their success with the company. While an annual review is standard for many companies, you should give feedback regularly. It can be hard to remember what happened eight months ago, so an informal monthly or quarterly review may be helpful to both the employer and employee. If an employee’s action requires correction or discipline, handle that immediately and be sure to document any corrective measures that need to be taken. Individuals should know up front what their job duties are and understand the employer’s performance expectations. Written job descriptions can provide guidance to employees and protect employers if there are questions about duties or salaries. A well-written employee handbook can define high-level expectations related to conduct (tardiness, vacation, procedures to report a workplace injury, etc.) and spell out discipline procedures, including actions that would result in immediate termination. This handbook can protect both parties and help ensure all employees are treated the same. Reviews can protect employers Employment in North Carolina is “at will,” meaning an employee can be terminated without cause. While there are some exceptions to “at will” employment, we usually recommend employers...
Sexual Harassment in the Workplace

Sexual Harassment in the Workplace

By Bradley Hunt, Attorney at Law There have been several high profile claims of workplace sexual harassment in the news lately, most recently with a claim by a former engineer at Uber that her manager sexually harassed her. Claims of sexual harassment must be taken very seriously by employers, who can be held accountable if the behavior of a harasser is ignored. In the case of Uber, the CEO just hired a third-party to investigate the claims. What is Sexual Harassment? According to the U.S. Equal Employment Opportunity Commission (EEOC), “It is unlawful to harass a person (an applicant or employee) because of that person’s sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex.” The law does not consider occasional teasing or single incidents that are not serious to be harassment, although employers must be aware that behavior that escalates may quickly jump into this category. Behavior becomes harassment when it creates a “hostile or offensive” work environment or results in the victim being fired, demoted or believing he or she has no recourse but to quit the job. It is important to note that both men and women can be victims of sexual harassment, and the harasser may be a manager, coworker, someone else within the company, the employee of a vendor or supplier, or even a client. The law not only protects victims of harassment, but also protects third parties who are...