Posted on 01/25/2011 7:56:16 AM PST by bboop
Query re small non-profit orchestra. We have one 'contractor/employee' who earns about $1200/ year for setting up chairs and music stands during concert season.
He insists on becoming an employee. Do we need to pay Workers' Comp on him as well? Anyone know how much that runs? California.
I’m in Florida but I’d bet the laws arent any better in CA. If you have people working for you in any capacity you need to provide workers comp. W2 employees you must pay. 1099 they can pay but you are still liable if they do not.
Don’t under estimate it either as some job categories can be quite expensive.
I have a question. The guy who sets up the chairs is dictating to you his status. I’d get rid of him, sounds like a set up.
To find out about workers comp, all you have to do is a google search and find several CA companies. In CA it is very expensive, which is why so many companies are leaving.
You are responsible for your subcontractors WC in Florida. You can avoid it by requiring him to supply his own Certificate of Insurance. If he becomes an employee you’ll have all kinds of matching taxes and expenses.
Thanks. Any idea how it runs on $1200? I’ll check website too thanks.
Fire them or have them continue as an independent contractor.
There is a huge liability here.
You can pay an agency to employ and pay him through them.
What if this guy wants to set you up to claim some past injury by claiming it was recent and on your job site?
Fire them or have them continue as an independent contractor.
There is a huge liability here.
You can pay an agency to employ and pay him through them.
What if this guy wants to set you up to claim some past injury by claiming it was recent and on your job site?
We asked him to formalize his Contractor status; we would even help $ to do this/ get a business license. Doesn’t want to.
Fire them or have them continue as an independent contractor.
There is a huge liability here.
You can pay an agency to employ and pay him through them.
What if this guy wants to set you up to claim some past injury by claiming it was recent and on your job site?
Insist that he not (he is lucky he hasn't been replaced). You are asking for trouble if you give in to his demand in this uncertain world.
Work in Hollywood but have friends who own business in DT L.A. To avoid workers comp, a “#” of them just pay them cash but it is a double-edged sword. Believe it or not, some of the illegals even reported the employers for paying them in cash and not placing them on the payroll. There’s a reason why you see so many billboards heading to NV “best business state, no workers comp problems”. NV knows CA is a waste.
It runs as a percentage of the payroll based on the job category. Anything involving physical work is usually higher as it represents a greater chance of injury.
$1,200 a year is below most companies minimum so they’ll probably want a fixed fee. I pay 2.5 to 5% of the payroll depending on the state. However thats for people who sit in front of a PC all day.
It will be more trouble than its worth.
Get the Percussion section to set up the chairs....
Lol. I vote for the bassoonists.
I agree. It does sound like a setup.
Get a temp worker. Let their company pay for all their insurance and other benefits.
It is flies, floats or sets up chairs, it is cheaper to rent it.
I'll withhold comment until the next episode... when he is "insisting" that his salary be $100,000 per season.
Do we need to pay Workers’ Comp on him as well? Anyone know how much that runs?
In Cullyforneeyah? You’re asking?
answers are: “Yes, of course, obviously so.” and “Probably more than you can afford.”
I’d tell him you took an online survey and the overwhelming response was “fire him.”
Sorry I cant be more constructive. Always hired contractors so I never had to deal with this.
Legal advice. Talk to your lawyer.
The possible consequences of not having required insurance if there is a claim are brutal.
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