World Fence News

WORLD FENCE NEWS • JANUARY 2020 • 77 PEOPLE World Fence News is like a community newspaper, except that the community is huge! The people and personalities of this great industry are a major part of the publication's content. You'll find faces galore in World Fence News; you may know some of them, you may not, but they are all part of this exciting business. And don't forget the humor – loveable Pete and Jake are the fencer's friends! PRODUCTS World Fence News is utilized by fencing and access control manufacturers to introduce their new products to the thousands of North American fence contractors who read the publication monthly. If it's new and on the market, you'll read about it in World Fence News! PROJECTS Some of the country's biggest and coolest fence and access control projects are featured on the cover of World Fence News each month, and WFN readers can't wait to see what's coming next. Recent fence project coverage has included a unique "lace fence" installed at a San Antonio, Tex. community park; a sorely-needed security upgrade at an Atlanta, Ga. federal building; a fence at a Cape May, N.J. estate built with pickets repurposed from Thomas Edison's historic Menlo Park, N.J. laboratory complex; and a new, advanced perimeter fence system protecting a natural gas metering facility near Boston. When fencers turn to World Fence News, be sure that they see your advertising message! E-mail Rick Henderson at editor@worldfencenews.com to discuss developing a comprehensive advertising and publicity campaign for 2020! World F ence ews N News from the World of Fencing, Access Control and Security © Our focus is on the PEOPLE, PRODUCTS and PROJECTS of the Fence Industry! The rising risks of misclassifying independent contractors continued from page 75 "The fact that competitors may be violating employees' rights does not make it acceptable for you to make the same mistake," said Hersh. "Industry practice or custom is not a defense in overtime cases. Moreover, many wage-and-hour investigations are the result of complaints from competi- tors." #4. Treat your people well. Whether full time employees or independent con- tractors, people who are happy about their expe- riences at your business will cause fewer problems. " T r e a t i n g workers with re- spect can prevent a lot of headaches– legal and other- wise," said Hersh. "Avoid toxic bosses and supervisors, because people who feel mistreated will often talk to law- yers." Your ex-employee doesn't have a case, you say? Maybe the lawyer will find one. Often a lawyer will determine that an employee will not prevail on a stated matter, but then discovers the employer was violating rights in a way the employee did not even suspect. Overtime violations are a great exam- ple of this, said Hersh. His moral: "It's good business to treat people well, and in the end it's cheaper." Moreover, treating people well can motivate them to treat your cus- tomers the same way. And that means the public will be far more likely to be loyal to your enterprise. "You have to remember that to your customers, your independent contractors are your employees," said Doug Fleener, president of Dynamic Experiences Group, a consultancy in Lexington, Mass. (dynamicexperienc- esgroup.com). "You can't blame your indepen- dent contractors when something doesn't go right. That's why it's so im- portant to manage your relationships with them well." Your independent contractors should understand your corporate cul- ture. "Make sure they know the mis- sion of your organization and where they fit into the bigger picture," said Fleener. They will feel empowered if they understand that they represent you to the outside world. "People perform better when they feel appreciated and feel they are part of an organization and part of its over- all purpose." #5. Consider your status under the "safe harbor act." The Internal Revenue Service does offer what is referred to as a "safe harbor" for employers. "Section 530 of the Internal Reve- nue Act of 1978 provides a bulletproof vest for companies who can pass a three-part test which will protect them from an IRS legal challenge," said Joerg. " C o m p a n i e s that do so are pro- tected from huge IRS assessments." (Note that Section 530 relief is specif- ic to the IRS–not to the Department of Labor). To be protect- ed by this legisla- tion you must meet certain conditions. First, have you consistently classified a certain cate- gory of worker as an independent con- tractor? Second, have you a reason- able basis for doing so? Third, have you filed 1099s when required? Keep your ear to the legislative ground, because Section 530 is a po- litical football. "The law has been under attack since it was passed in 1978," said Jo- erg. "There have been all kinds of pro- posed legislation to phase it out, but so far nothing has happened." Help, please Your legal risk can only grow as federal and state agencies pay more attention to worker misclassification. "What used to be a somewhat mi- nor issue for employers has become a huge one," said Joerg. "Any employer who uses independent contractors has to have some basic understanding of the law. There is too much risk to do it casually." continued on page 78 "Whether full time employees or independent contractors, people who are happy about their experiences at your business will cause fewer problems. Treating workers with respect can prevent a lot of headaches–legal and otherwise. Avoid toxic bosses and supervisors, because people who feel mistreated will often talk to lawyers." – Attorney Barry Hersh

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