Independent Contractor Enforcement: There's More Than The IRS To Fear

Janet Novack, Forbes Staff

Do you employ “independent contractors” or “freelancers” who might arguably be considered employees? Through the years, the employee classification issue has caused problems for businesses ranging from Lowe's Cos. and FedEx to the operator of a strip club.  And this issue is only heating up.  Forbes tax contributors have written extensively about the Internal Revenue Service’s recent crackdown on what it sees as misclassified workers. But the IRS isn’t alone. In the following guest column, John Thompson, a partner in the Atlanta office of Fisher & Phillips, a national labor law firm representing management, offers a warning about stepped-up enforcement by the U.S. Labor Department and a primer on worker classification. It’s timely reading considering that Thomas Perez, President Obama’s nominee for Labor Secretary, emphasized the issue when he headed up Maryland’s Department of Labor, Licensing & Regulation, from 2007 to 2009. 

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New Obamacare rules deal big blow to employers

By Jared Bilski

Companies have been hoping that their wellness program incentives will help their health plans meet affordability and minimal value requirements under Obamacare. So chances are they won’t like the guidance the IRS just issued.

Recently, the IRS — one of the three agencies responsible for issuing compliance deadlines and guidance for the Affordable Care Act — released a flurry of Obamacare guidance.

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Workers can be both employees and ICs, IRS rules

By Tim Gould

There are some things you just know: Friday follows Thursday and if a worker is an employee, he or she can’t be an independent contractor (IC). Right? Well, you might want to double-check your calendar because at least one of these truths has just been discredited.  

IRS recently came out with a Chief Counsel Ruling (IRS Info. Ltr. 01-0069) that says there are certain circumstances when a person can fill both employment roles at the same company – at the same time.

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Tip Tuesday! Helping a Love One Live a Healthier and Happier Life as They Age.

Independence and quality of life are top priorities when getting older. Our loved ones want to stay in their homes and get around on their own. They want to enjoy the freedom that their later years can offer. In short, they want to live with vitality and purpose as they age. 

What can you do to help increase your loved one's chances for health and happiness as they age? A lot, as it turns out. And, better yet, you can both enjoy doing it. 

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Supplement Dangers: Are your vitamins processed with hexane?

Dr. Axe

Many of us take vitamins and other supplements regularly in hope they will make us healthier and maybe to fill in gaps in less than perfect diets. But, the significant problem with the supplement industry is that many companies do not disclose toxic solvents used to process the vitamins they make. Of particular concern is a substance called hexane, generally used as an industrial-strength cleaner,  degreaser and a component in gasoline, but is also used in a variety of supplements and other natural food products to extract certain nutritional components.

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DOL issues templates for employers to alert employees about exchanges

By Ilyse Schuman

The U.S. Department of Labor’s Employee Benefits Security Administration has issued new guidance on the Affordable Care Act requirement that employers provide employees with a notice of their health insurance coverage options available through the future health insurance exchanges. This notice requirement is established through section 18B of the Fair Labor Standards Act, added by the ACA.

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Microwave Popcorn may be a Health Disaster

By Dr. Axe

A few years ago, the Center for Science in the Public Interest broke the news on the true calorie and fat content of movie theater popcorn. Based on their own nutritional analysis, they found that a medium popcorn at the movies contains 1,200 calories and 60 grams of fat. This is the amount of calories and fat that many people should consume in a whole day. Many experts began recommending that people bring their own microwave (i.e. calorie controlled) popcorn to the movie theater instead. Although this may be a better choice in terms of fat and calorie content, unfortunately microwave popcorn contains chemicals that may be equally as dangerous to your health. 

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Tip Tuesday! It's noisy out there: Protect your hearing

By Michael W. Rosen, M.D.

A songbird whistles sweetly. A baby giggles with glee. A gentle breeze blows through the trees. Life can be a symphony of lovely sounds. But, it has plenty of boom-clang-clamor, too.

And, some of the sounds of our everyday lives — from power tools to cranked-up tunes — can be loud enough to permanently damage our hearing.
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West Nile virus: What to know to stay safe

By Tanise Edwards, M.D.

Most bug bites come to nothing. A little bump, a little itch — and it's over.

But, if a mosquito that's infected with West Nile virus bites you, it might be another story.

The risk is low — only a small percentage of mosquitoes are infected. And, most people who are bitten don't get sick. But, some do — and it can be a serious illness.

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Exercise in disguise: 8 ways to energize your day

By Karis Gabrielson, R.N.

Our bodies are made for motion — and moving more each day can boost your energy. It can help you burn extra calories, too!

But, all that get-up-and-go doesn't have to begin and end at the gym. So, in addition to getting your regular workouts, look for ways to sneak bursts of activity into your days. Here are eight ideas that can help you get moving — and feel more energized.

Looking for a challenge? 

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Get on the pathway to wellness — body and mind

May is Mental Health Awareness Month. Its goal is to encourage people to get treatment — and to reduce the stigma around mental health conditions.

This year's theme is Pathways to Wellness.

Wellness is the result of caring for your physical and emotional health. About 1 in 4 Americans will have a mental health issue at some point. So, it's important to know:

• These are common and real conditions — they're not "just in your head."
• If untreated, they can have serious effects.
• There are treatments that can help you lead a full life.

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Tip Tuesday! Sun smarts: 6 bright ideas to save your skin

By Karis Gabrielson, R.N.

Fair-weather days — they can lighten moods, boost energy and bolster outdoor fun. But, all that sunshine has a dark side, too.
The sun's ultraviolet (UV) rays damage skin. And, as many of us know firsthand, they can burn it, too. These harmful beams can raise our risk of skin cancer — and cause wrinkles and skin spots. Sometimes, certain medicines and health conditions can also increase our sensitivity to the sun.

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Are All Fruit Diets Dangerous to Your Health?

By DR. AXE

You may have heard about Ashton Kutcher’s health scare back in January, which landed him in the hospital just two days prior to the first days of shooting for the movie of Steve Jobs life, “Jobs” in which he stars.

The star found himself suffering with severe stomach pains which were attributed to a problem with his pancreas. The cause?  An all fruit diet, the fruitarian diet, that Kutcher went on modeled after a very common eating regime of Steve Jobs himself. 

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HR recordkeeping: What you need to hang on to, and for how long

By Tim Gould

Responsible HR recordkeeping starts long before any job candidate walks through the door the first time, and doesn’t end until long after the person leaves.

Myriad employment laws force you to keep all kinds of documents for varying periods — including Title VII, ADEA, FLSA, FMLA, ERISA, the Equal Pay Act (EPA) as well as OSHA.

Most employment law attorneys recommend you keep everything until five years (some recommend seven years) after an employee has left, to be on the safe side of all the different laws.

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How High Blood Pressure Harms Your Body

If you have high blood pressure, it’s critical that you follow your prescribed treatment plan. Here’s why.

If you’re among the one in three Americans who have high blood pressure (hypertension), take note: it’s not something you can afford to ignore.  High blood pressure typically has no symptoms.

Since symptoms can be strong motivators, it can be tough to make lifestyle changes or see the need for treatment when you feel fine. But here’s why you need to follow “doctor’s orders.”

High blood pressure is a “silent killer” and not treating it can have serious consequences. 

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Tip Tuesday! Healthy eyes start with a comprehensive eye exam

Eye problems are the second most prevalent health concern in the United States. The American Optometric Association recommends that adults between 18 and 60 years of age should get a comprehensive eye exam every one to two years depending on your risk for the development of vision problems and chronic diseases, such as diabetes, hypertension, or a family history of ocular diseases like glaucoma or macular degeneration.  

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Adults younger than 65 more likely to skip drugs to save money

By Bloomberg News Service

(Bloomberg) -- Adults who haven’t reached retirement age were twice as likely as those who have to skip their prescribed medications to save money, a U.S. study finds.

About 20% of adults regardless of age have asked their doctors for a lower cost treatment, according to the study released Tuesday by the Atlanta-based Centers for Disease Control and Prevention. Spending on drugs is expected to increase an average of 6.6% a year from 2015 through 2021, the Kaiser Family Foundation has reported.

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Study: More than two-thirds of ER visits avoidable

By Tristan Lejeune

More than two-thirds of the 6.5 million emergency room visits for people under age 65 are avoidable, according to a study released today by Truven Health Analytics. The study examined insurance claims data for over 6.5 million emergency department visits made in calendar year 2010 and found that just 29% of patients required immediate attention in the emergency room.

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Counting to 90: ACA and the waiting period

By Keith R. McMurdy

Under the Affordable Care Act, once we decide who we have to offer coverage to, then we have to decide when they get the coverage. Generally the new rule is that a waiting period for coverage cannot exceed 90 days. More recently, the IRS has given us proposed rules on the 90 day waiting period. As with all proposed rules, they are not final until they are final, but these do give employers some additional guidance on how to maintain the correct waiting period.

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