World Fence News

January 2020

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78 • JANUARY 2020 • WORLD FENCE NEWS HIT THE MARK WITH "FACTORY INSERTED SLATS"™ FROM PRIVACYLINK ® . 1 . 8 0 0 . 5 7 4 . 1 0 7 6 • w w w . e p r i v a c y l i n k . c o m Booth 1231 Features and Benefits • Simpler, faster installation — just stand the fence up, stretch it out and tie it down. • Eliminates the need to insert slats on the job site — the slats are in the wire when you receive your order • Cuts lost revenue • Increases profits • 10 popular styles • 9 vivid slat and wire colors You can be assured of a successful and profitable chain link fence installation when you install chain link fence with "Factory Inserted Slats". See us during the upcoming FenceTech trade show to learn how you can hit the mark. P.V.C. PROFILES • SECTIONS • CAPS Lowest Prices Highest Quality Easy Credit Terms Save more and learn to fabricate! We will teach you how! UVX Universal Vinyl Extruders, Inc. 631-643-1786 www.uvxextruders.com NEW CONVENIENT PICK UP POINT IN MARYLAND The rising risks of misclassifying independent contractors continued from page 77 Indeed, the entire field of employ- ment law can be so confusing that out- side help should be considered. "There are so many ramifica- tions that I encourage all employers to consult with attorneys who have experience with independent contrac- tor issues," said Joerg. "A qualified attorney should look over your inde- pendent contractor agreement, if any. This need not be a long consultation, but perhaps an hour on the phone. There is a lot you can do in a short consultation to dramatically lower your risk." Above all, don't ignore the issue and hope nothing happens. "I see businesses 'play ostrich' by sticking their heads in the sand be- cause an issue is complex," said Hersh. "But that is perhaps the biggest mistake a business can make. You need to get out in front of the issue in order to avoid problems." Are you violating the law? Take this quiz. Are you breaking the law by clas- sifying employees as independent contractors? Your risk of a costly vio- lation is high because there is no clear- cut definition of what constitutes an employee. However, you may access two resources which cast light on how the government assesses employment status. The first is the U.S. Department of Labor's "economic realities test" with its six employment status factors. (You can view an explanation of these factors by going to dol.gov and searching for "Fact Sheet 13: Am I an Employee?") The second resource is the In- ternal Revenue Service's Form SS-8: "Determination of Worker Sta- tus for Purposes of Federal Employ- ment Taxes and Income Tax With- holding." You can find this document and related instructions by going to irs.gov and searching for "SS-8." Here are just a few of the areas covered by these documents. The more "yes" answers you make to the following questions, the greater the chances a given person is in fact an employee and not an independent con- tractor: • Must the person follow your in- structions as to how work is to be per- formed? Do you dictate that work be done in a certain sequence and require that reports be made of what steps were taken or work accomplished? • Do you dictate what hours the person works, or even require the per- son spend all the working day on your property? And do you furnish the tools used for the work? • Does the person work only for your business, and not offer services to the general public? • Do you train the person in the work being performed? Do you re- quire that the person perform the work personally? • Are the worker's services criti- cal to the continuation of your busi- ness? And do you have a continuing relationship with the person? • Do you make periodic payments by hour, week or month rather than in a lump sum for a project? Do you pay the person's travel or other business expenses? Phillip M. Perry has published widely in the fields of business man- agement, work- place psychology and employment law. Perry is a two- time winner of the American Bar As- sociation's annu- al Edge Award for the best article of the year as well as of that organization's "Value to the Reader Award." He has spoken before the American Society of Journalists and Authors on the subject of business magazine journalism.

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