WHARTON BUSINESS ADMINISTRATORS

Similar documents
ABA MEETING. Employee/Independent Contractor Worker Classification. November 10, 2015

Individual Service Providers: Classification & Payment. February 2018

Individual Service Providers: Classification & Payment. Spring 2017

Independent Contractors Do s and Don ts

Independent Contractor Classifications: Potential Employee Benefit Plan Liabilities Under the ACA, ERISA and Other Laws

Who Is & Who Isn t an Independent Contractor Presented by: Kevin M. McCarthy

MISCLASSIFICATION OF EMPLOYEES

Avoiding Misclassification Mishaps

Avoiding Misclassification Mishaps

DOL Says Most Workers Are Employees

New Reality for Exempt Employees

This Webcast Will Begin Shortly

Soup of the Day. HR Alphabet FLSA ACA IRS DOL

Mott Community College. Independent Contractor Policy and Procedures

Employer Record Retention Requirements

EXEMPT VS. NON-EXEMPT Identifying Employee Classification

Employee or Independent Contractor?

Labor Law Litigation

HR COMPLIANCE CHECKLIST HIRING PRACTICES

Implementing the ACA at Your Community College

NEW YORK STATE BAR ASSOCIATION. LEGALEase. Labor and Employment Law. New York State Bar Association 1

Human Resources 101. Audit and Best Practices in Key Areas of HR Function

Quick COBRA Review. COBRA- Consolidated Omnibus Budget Reconciliation Act of Main intent

Wireless Communication Device Allowance

ABOUT YOUR PRESENTER. Paralegals and Overtime: Misclassification Can Cost You A Bundle 10/16/2014

FLSA Game-Changing Rules for Boards of Education

Jennifer Swayze SPHR-CA, GPHR, SHRM SCP, CEBS Employment Law Compliance Analyst. Compliance Risks In Human Resources

Hiring, Firing and Everything in Between

2014 Brigham Young University Idaho Brigham Young University Idaho

Angelo State University Operating Policy and Procedure

DEPARTMENT OF LABOR S NEW OVERTIME RULES: WHAT CHARTER SCHOOLS NEED TO KNOW

SECTION 24. PERSONNEL RECORDS

MEMORANDUM. B. Who is a part time employee? Who is an independent contractor?

The Contingent Workforce: Do You Know Who Your Employees Are? October 19, 2015 Panelists: Rachel Barack, William Harn & Tritia Murata

FLSA Changes. Overtime Regulations and How They Affect You

Changes to the Fair Labor Standards Act (FLSA)

Human Resources & Risk Manager Class Specification

Misclassification of Independent Contractors By Stacey Mark Chair, Sustainable Development Advisory Group and Labor and Employment Group November 2005

Administrative Exemption

TOP 10 HR QUESTIONS FROM THE FIRST HALF OF 2014

Employees vs. Independent Contractors: What s the Difference?

Immigration Update: Strategies for Effective Corporate Compliance

New Overtime Pay Rule

Guide to Navigating the Proposed Overtime Regulations

FLSA Changes for 2016

California State University

Independent Contractor Misclassification: 2016 Legal Analysis. January 2016

Davis-Bacon Labor Standards Protecting Construction Workers Rights. February 2, 2016 (revised 9/13/2017)

LEGAL OBLIGATIONS OF NON- PROFIT BOARDS

HR 101 Best Practices

MOBILE COMMUNICATIONS AND HOME COMPUTING POLICY

Independent Contractors and Interns

The Fair Labor Standards Act

CHICAGO MINIMUM WAGE AND PAID SICK LEAVE RULES SUPPORTING CHAPTER 1-24 OF THE MUNICIPAL CODE OF CHICAGO

Consultant/Independent Contractor Training Guide

Legal Q & A Updated By Heather M. Lockhart, TML Assistant General Counsel, and Lola Wilson, TML Law Clerk

10 Ways to Get Your Company Sued in California

FORDHAM UNIVERSITY INDEPENDENT CONTRACTOR POLICY & PROCEDURE

New Rules for Overtime:

Top Ten COBRA Mistakes and How to Avoid Them Presented by: April A. Goff & Norbert F. Kugele

87-41, CB IRC

Pay Raises or Pay Overtime: The New DOL Salary Level Test

Developing a Strategy for Managing Employment Law Issues

We had some really hot weather this

Employee Eligibility Under ACA

HR Compliance Updates for 2017 The Executive's Roadmap to Best-in-Class HR Strategy

Small Employer HRA - 21 st Century Cures Act Presented by: Mary Bauman

PHRca Exam Preparation Final Assignment

Wage and Hour Law Update. Brian M. O Neal McMahon Berger, P.C North Ballas Road St. Louis, MO (314)

CITY OF NEW LONDON Fair Labor Standards Act (FLSA) Overtime Compensation Policy

HEALTH AND SAFETY PROTECTION ON THE JOB

INSTANT EXECUTIVE BRIEFING. FLSA Self-Audit: Exempt vs. Nonexempt. Compensation & Benefits SPECIALIST BLSA

2.15 KCTCS Classification and Compensation Administration

Wage & Hour Insurance Application

Independent Contractors: Fair Warning S. Lorrie Ray, Esq. MSEC

Sam Houston State University. Compensation Plan Document

Practical Guidance On Wage And Hour Compliance: What Do You Really Need To Know?

Franchisors as Joint Employers: Is There Too Much Play in the Joints?

START UPS AND EMPLOYMENT LAW RISKS. ROBERT PHANSALKER, Esq. Outten & Golden New York, NY

PAYROLL LAW OVER $200,000. Get up to date fast on the most complex and least understood payroll laws.

Wage and Hour Concerns

Payroll Policy. Purpose of Policy. The policy is to cover the administration of the payroll service. Overview

AFFORDABLE CARE ACT COMPLIANCE Q & A Bulletin # 2 Dated 12/19/2013 SECTION 1: GENERAL

2014 Brigham Young University Idaho Brigham Young University Idaho

August 2014 HR/Payroll Hot Topics

System-wide Pay Plan and Overtime Regulations Session for AABS

PAID SICK LEAVE FOR ALL EMPLOYEES

Joint Employers: Latest from the NLRB, EEOC and DOL

The Basics of Wage and Hour Laws

A Guide for Employers Termination of Employment

FAIR LABOR STANDARDS ACT(FLSA): IMPLICATIONS OF 2016 REGULATIONS June 14, 2016 Presented by:

Fair Labor Standards UMW

New Overtime Regulations and Common Wage and Hour Challenges

GENERAL HUMAN RESOURCES AND PAYROLL ADMINISTRATION PROCEDURES

Health Care Reform Employer Solutions

Total Rewards: Compensation & Hours of Work for Employees of the College

WEBCAST: EMPLOYMENT BEST PRACTICES FOR THE NON-PROFIT ORGANIZATION

Employer responsibility in the platform economy. Dr. Marianne Jenum Hotvedt Nordic Conference on the Platform Economy February 23.

Individual Consultants/Independent Contractors HR 100.4:

Health Care Reform Employer Solutions

Transcription:

WHARTON BUSINESS ADMINISTRATORS Worker Classification December 10, 2015 1

Background External Increased federal agency compliance requirements: Department of Labor Misclassification Initiative combat employee misclassification and restore rights denied to workers Various agencies/divisions involved DOL Wage and Hour Division, Employee Benefits Security Administration (EBSA), Occupational Safety and Health Administration (OSHA), Office of the Solicitor Labor commissioners from 14 states (so far) are participating through MOU s with DOL Employee entitlements retirement and medical benefits, family and medical leave, overtime, minimum wage, unemployment insurance, workers compensation Fair Labor Standards Act (FLSA) defines requirements for minimum wage, overtime, employer time and pay record keeping; new guidance issued July 2015 aims to classify most workers as employees Affordable Care Act required essential health care coverage for eligible employees 2

Background External, cont d Increased IRS activity: Recent court cases involving worker classification Increased audits of colleges and universities IRS Voluntary Compliance Program Development of factors to assist in worker classification determination New DOL guidance: Most workers would be employees under the FLSA s broad definitions, per Administrator s Interpretation issued July 15, 2015 DOL is responding to numerous complaints from workers alleging misclassification 3

Background Penn Procurement and payment for independent contractor services: P2P initiative to convert I/C s from PDA forms to Purchase Orders Development of template contract for I/C s Payment and tax reporting for travel and business expenses of I/C s Existing University policies and procedures: Policy 2319 Payments to Individuals for Honoraria, Consulting Fees, Human Subject Fees and Other Services Form C-12 Independent Contractor Determination and Certification H/R, Payroll and Tax policies related to employees 4

Where are we? Pilot program underway Includes select organizations within PSOM, SAS and Wharton Incorporating ongoing feedback into policies, procedures, templates New process for nonresident aliens (NRAs) Created new job classification code (Professional Service Provider) Created new forms and policies Drafted new process flow and procedural guidelines Presented best practices to pilot HR representatives Review of recommendations Restructure Process Flow Changes to Policies and Procedures Develop and Communicate Best Practice Guidelines Implement Tools and Templates Develop and Deliver Training and Communication 5

Restructured Process Flow US Citizens 6

Restructured Process Flow Nonresident Aliens 7

Best Practice Guidelines Procedural Guide for Independent Contractors and Limited Engagements To provide faculty and staff with a step-by-step process for reviewing, engaging, and paying independent contractors and limited engagement service provider to ensure compliancy with federal, state, and local regulations. The guide is divided into four sections. Definitions provides a breakdown of the various types of payments and terms utilized within the guide. Forms - provides a detailed listing of the various forms that are used when engaging and paying an independent contractor or limited engagement service provider. Process - provides a step-by-step process to follow when a situation arises that potentially requires the use of an independent contractor or limited engagement service provider. FAQs provides answers to common questions that arise when dealing with an independent contractor or limited engagement service provider. 8

Tools and Templates Service Provider Questionnaire Completed by the individual providing services to provide relevant information be used in determining independent contractor status Service Provider Evaluation Worksheet Completed by the individual needing a service provider in concert with the applicable HR director to determine proper classification PRIOR to engaging the individual Template Contractor Agreements Provided by Purchasing for standard contractor categories Limited Engagement Agreement for Guest Speakers/Guest Lecturers Simplified process and documentation for one-time, nonrecurring events (seminars/workshops) Forms and Procedural guide are posted on Wharton s HR Website on the Forms Page under Compensation 9

Advisory Group Open Issues Adjustments to forms and policy language Ongoing through Pilot (Pilot extended to February 2016 and expanded to other orgs within Pilot schools Develop training for HR representatives/business administrators in departments, schools and centers Human Resources Address co-employment concerns with Personnel Employment Organizations Headcount concern new employee type Professional Service Provider BA s being overruled by determination; who makes the final decision? Unauthorized out-of-pocket payments by employees to service providers Termination and re-hiring of temporary workers Purchasing Determine alternative for processing NRA Independent Contractors through Purchasing when withholding is necessary IT/ISC Development of electronic Work Flow (automation of forms, etc.) Online repository for program related information 10

Risk of Non-Compliance There are approximately 45 agencies within the Federal government that can determine who is or who isn t an independent contractor MaryKay Cosmetics FMLA $11 million dollar settlement Not Independent Contractor Time Warner Misclassification of Workers Department of Labor $5-6 Million Coca Cola 8 Year Independent Contractor Qualified Plan written properly; protected Many recent tax law cases, revenue rulings, and PLRs dealing with teaching by independent contractors that ruled in favor of the IRS Common themes: Exercising degree of control Service is regular and ongoing Service is necessary and incident to the business conducted by the organization Increased random audits are being scheduled by the IRS in this area 11

Risk of Non-Compliance IRS has an information sharing agreement with Federal, State and municipal agencies and over 30 state agencies in particular to facilitate exchange of taxpayer information. Some states known to be aggressive in this area California Connecticut New Jersey New Mexico Oklahoma Audit triggers Independent Contractors filing unemployment claims Worker s Compensation Claims Individual receiving W-2 and 1099 from the same organization Independent contractors with on going relationships with the same organization 12

Risk of Non-Compliance Non-compliance implications Penalties and interest; going back 3 years minimum (IRS can go back further) Federal, state and local Multiple agencies Impact on employee and fringe benefits Potential claims for unemployment and worker s compensation Significant ACA fines Reputational risk Budgetary impact at the school/center level for payment of fines and fees 13

QUESTIONS??? 14