The new laws go into effect next month that are redefining employee classification and eligibility for benefits. Here's a 6 point checklist to help clarify if your employees are classified correctly. If you find yourself answering no to most of these questions, you might want to double check your classification if this worker is 1099. 1. Is the worker able to accept or decline jobs, and/or choose the order/time in which work is performed? Can they dictate prices for services rendered? 2. Is the worker expected to supply their own tools, equipment and/or work space to fulfill the job? 3. Does the work involved have a defined end date or scope? 4. Can the worker set their own schedule to fulfill the job? Are they able to take on concurrent work with other companies? 5. Could the business continue without the specific services this worker provides? 6. Does this worker provided specialized skills? Do they need to take initiative to generate new business?
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Are you up to date with how employee classification rules are changing? Check out this helpful post from our client & partner, GigEasy, on what questions to ask when considering if someone is an #independentcontractor or #employee. #gigwork #ondemand #laborlaws #consulting #startups #advice #flexibleworking #compliance
The new laws go into effect next month that are redefining employee classification and eligibility for benefits. Here's a 6 point checklist to help clarify if your employees are classified correctly. If you find yourself answering no to most of these questions, you might want to double check your classification if this worker is 1099. 1. Is the worker able to accept or decline jobs, and/or choose the order/time in which work is performed? Can they dictate prices for services rendered? 2. Is the worker expected to supply their own tools, equipment and/or work space to fulfill the job? 3. Does the work involved have a defined end date or scope? 4. Can the worker set their own schedule to fulfill the job? Are they able to take on concurrent work with other companies? 5. Could the business continue without the specific services this worker provides? 6. Does this worker provided specialized skills? Do they need to take initiative to generate new business?
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🌟 Calling All Industry Decision-Makers from the USA! 🌟 We are excited to invite you to participate in a groundbreaking study aimed at understanding the evolving landscape of employee benefits and compensation, with a special focus on Earned Wage Access (EWA). Why Participate? ✅ Shape Industry Trends: Your insights will help us understand and influence emerging trends in employee benefits. ✅ Exclusive Reward: As a token of our appreciation, you will receive a special reward for your valuable time and expertise for a 45-minute discussion post project completion. ✅ Data Privacy: We strictly adhere to data privacy policies, ensuring your personal information is used solely for internal purposes. What to Expect: 🗓️ Dates: 1st and 2nd week of August 💻 Mode: In-depth online Interview 💬 Focus Areas: Emerging trends in employee benefits and compensation, particularly Earned Wage Access (EWA) Ready to Make an Impact? 🗨️ Comment down below and we will reach out to you! Join us and contribute to shaping the future of employee benefits and compensation. Your perspective is invaluable, and we look forward to your participation. #indepthinterview #marketresearch #earnedwages #management #benefitsandcompensation #incentives #onlineinterview #benfitmanager #headofpeople #hrmanager #paidresearch #US
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On 26 August the way we determine whether someone is an independent contractor or employee will change. We'll no longer be able to rely just on what's in their contract and will need to look at the real substance, practical reality and true nature of the relationship. It's important to know how this works, because if someone you thought was an independent contractor is deemed to be an employee, they could claim employee-like entitlements such as annual leave, super and redundancy pay. You'll also need to know: • how the new opt out notices work and whether they are a good option for you • how the new laws interact with existing requirements to pay super to contractors • how the new laws will affect Pty Ltd contractors To help you understand all of this, Sean Melbourne and Sophie Redmond from Source will be holding a webinar at 12pm on Thursday 8th August. The webinar will go for 30 minutes and will be in a Q&A format, so you'll be able to ask them questions. You can register here: https://lnkd.in/gTkHkvSp If you can't make the webinar you can still register and they’ll send you a recording afterward. This is the final webinar in our four part series on the 𝘊𝘭𝘰𝘴𝘪𝘯𝘨 𝘓𝘰𝘰𝘱𝘩𝘰𝘭𝘦𝘴 changes that will start on 26 August 2024. See you there! #humanresources #management #lawandlegislation #employmentlaw #recruitment
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I'm all for never let facts get in the way of a good story...but only around a camp-fire (or bar)! I recently attended a presentation where a rather emotive presenter declared that is now illegal for employers to contact their employees out of work hours to offer them a shift, or to call in systems staff if there is a major system failure, or to contact managers out of hours if there is an emergency. These are simple statements that clearly communicate the frustration of many with what is seen as unnecessary legislative change in the employment space...BUT THEY ARE WRONG! When it comes to employment compliance it is important to be specific and to get it right, and when it comes to advising small business operators it is even more important to get it right. Emotive soundbites from a stage have a way of becoming embedded "facts" for small business operators who very rarely take time out of thier business to work ON their business. So, in case you missed it the first time, below is an article I wrote last month on the subject. Spoiler alert: despite the hype nothing has changed, you can still contact your staff out of hours and they have ALWAYS been protected from punishment for not doing work tasks outside of paid work time...the only difference is that now it's in the news!
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Director // recruitment expert Supply Chain & Procurement // eCommerce & Digital // UK & International // Vertical Advantage
DE&I – something that we are all aware of and something that should be at the forefront of all companies and though most companies have policies how do those policies translate into reality? 77% of employees across the Supply Chain have a strong awareness of DE&I policies in the business/sector but there is a need for a more effective implementation strategy and for it to be enforced better from senior management. I’d like to hear about whether you’re up to speed about your business policy and how your business goes about enforcing DE&I into your place of work. There will be more interesting stats around DE&I in the work place in our soon to be published Salary Survey – stay tuned for a copy! #DE&I #DE&Iintheworkplace
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Founder & Principal Consultant at HRAnswers.org | High Performance Teams Consultant | Equity Advocate | Workshop Facilitator | Kolbe 8-4-4-4 | Award-Winning HR Professional
The U.S. Department of Labor is moving forward with the new/updated #IndependentContractor rules… #SmallBusinessLeaders, The time to make a plan to transition workers who may be *better classified* as employees is now. 🙏🏼 Here are the first 3 steps we recommend: 1/ Develop a comprehensive and complete job description that describes essential functions, required, skills and abilities, education and experience requirements, work environment, scheduling requirements, etc. 2/ Research compensation for an employee in the position that you outlined in the job description. Consider your company size, industry, and geographic location when building a compensation structure for a position. Establish a “pay range” for the position so that 3/ Create a process for offering workers who will potentially transition from independent contractors to employees their new position (as an employee) … This includes preparing an offer letter, employment, contract if it is appropriate for your business, and scripting your discussion around the new position as an employee with your company.
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On 26 August the way we determine whether someone is an independent contractor or employee will change. We'll no longer be able to rely just on what's in their contract and will need to look at the real substance, practical reality and true nature of the relationship. It's important to know how this works, because if someone you thought was an independent contractor is deemed to be an employee, they could claim employee-like entitlements such as annual leave, super and redundancy pay. You'll also need to know: • how the new opt out notices work and whether they are a good option for you • how the new laws interact with existing requirements to pay super to contractors • how the new laws will affect Pty Ltd contractors To help you understand all of this, Sophie Redmond and I will be holding a webinar at 12pm on Thursday 8th August. The webinar will go for 30 minutes and will be in a Q&A format, so you'll be able to ask questions. You can register here: https://lnkd.in/gnB-u3aX If you can't make the webinar you can still register and we'll send you a recording afterward. This is the final webinar in our four part series on the 𝘊𝘭𝘰𝘴𝘪𝘯𝘨 𝘓𝘰𝘰𝘱𝘩𝘰𝘭𝘦𝘴 changes that will start on 26 August 2024. See you there! ♻️ Please repost this if it would help others. #humanresources #management #lawandlegislation #employmentlaw #recruitment
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On 26 August the way we determine whether someone is an independent contractor or employee will change. We'll no longer be able to rely just on what's in their contract and will need to look at the real substance, practical reality and true nature of the relationship. It's important to know how this works, because if someone you thought was an independent contractor is deemed to be an employee, they could claim employee-like entitlements such as annual leave, super and redundancy pay. You'll also need to know: • how the new opt out notices work and whether they are a good option for you • how the new laws interact with existing requirements to pay super to contractors • how the new laws will affect Pty Ltd contractors To help you understand all of this, Sean Melbourne and Sophie Redmond from Source Workplace will be holding a webinar at 12pm tomorrow. The webinar will go for 30 minutes and will be in a Q&A format, so you'll be able to ask them questions. You can register here: https://lnkd.in/gx5BdVCb If you can't make the webinar you can still register and they’ll send you a recording afterward. This is the final webinar in our four part series on the 𝘊𝘭𝘰𝘴𝘪𝘯𝘨 𝘓𝘰𝘰𝘱𝘩𝘰𝘭𝘦𝘴 changes that will start on 26 August 2024. See you there! #humanresources #management #lawandlegislation #employmentlaw #recruitment
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Passionate in delivering a high-quality service. As quoted, "Not only a knowledgeable HR professional but super-fast on the keyboard too!"
💡 What does the contract state? 📖 What does the policy state? ⌛ How long have they been employed? Have you heard these words before and wondered why we ask them? In the coming weeks, I'll be delivering snippet posts, breaking down elements of an employee's contract and how wording may impact the present and future considerations for your business and its employees. The first snippet in the series: ✒ What is an express term of contract?
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The Coalition Government recently announced a proposal to enhance clarity when determining whether someone is a contractor or an employee. The principle of providing certainty to employers, employees and independent contractors as to how they are classified and the implications that arise from their status is sound. However, what we have seen to date appears to be too light on detail to be able to draw firm conclusions and alleviate status anxiety. The proposed “gateway test” has four requirements: - There must be a written contract stating the person is a contractor. - The business must not restrict the worker from working for other companies, including competitors. - The business must not require the worker to be available at specific times or for a minimum number of hours OR it must allow them to subcontract their work. - The contract must not be liable to be terminated if the worker declines additional tasks beyond the existing agreement. While further detail will emerge in time, the gateway test as it stands has potential for unintended consequences. Just as there are opportunistic employees, there are also less scrupulous employers who may use such an approach to avoid the costs of actual employment and exploit workers who have less knowledge about their employment rights. The potential for unfair treatment in this area is concerning, especially given the number of examples we already have of other forms of workplace exploitation, given limited resourcing at MBIE to effectively enforce compliance with legislation. Like most areas of workplace legislation, the devil and the angels are in the detail. The hope is the proposed legislation will crystallise the intent of these changes, to provide clarity and support innovative ways of working, without giving unintended license to those less scrupulous who seek to take advantage of others for their own benefit.
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