Patrick McGuiness

Employee vs. Independent Contractor: Worker Classification Rules

10.5.2017
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Many businesses try to hire “independent contractors” by issuing IRS Form 1099 and signing independent-contractor agreements. Unfortunately, these steps don’t guarantee that workers are legitimate subcontractors or independent contractors. Instead, federal and state guidelines generally focus on the worker’s job duties in order to determine the appropriate classification.

Each state can create additional rules and regulations pertaining to worker classification. Check with your state labor department for clarification on state-specific rules. However, the federal government’s guidelines, described below, generally provide enough clarity to determine proper worker classification.

Federal guidelines 1: IRS

The IRS […]

5 clauses that should be in every landscaping contract

“Will you look at my contracts and make sure they are good?” Our attorneys hear this frequently from contractors. So what does a good contract look like?

First, every contract is different. What works for some industries may not work in others. That said, several basic items should be addressed in every landscape installation contract.

Scope of Work. What will you be doing for the customer? What type of project is it? Be specific. The scope of work for each contract should be different and apply specifically to that customer and project. Let’s use a patio as […]

The Northern Green Expo Is Here!

01.13.2015
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We’ll be there all week.

It’s that time of year again—time for green industry professionals from across the region to gather at the Northern Green Expo to catch up on industry news, reconnect with old friends, and watch some great presentations on how to build a thriving business. Bryan and I will be at the show all week, giving presentations, manning our booth, and joining in all the festivities. We hope to meet you all there!

Automatic Meal Break Deductions

01.8.2015
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The Legal (and Illegal) Ways to Deduct Meal Breaks Automatically

Requiring employees to clock in and out for every unpaid meal break is the safest way to ensure your company doesn’t inadvertently violate labor law by under paying workers.  But when you’ve got a crew out in the field, tracking breaks can become a logistical tangle.  Many employers cut back on the paperwork by automatically deducting a 30-minute meal break for any employee who works a full shift.  If you use automatic break deductions, however, it’s important that you follow the law precisely.  Otherwise […]

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