United Benefit Advisors Insight and Analysis Blog

Implications of California’s AB 5 for I-9 for Managers and Employees in 2020

Posted by: Bill Olson    Jan 21, 2020 7:30:00 AM

I-9 compliance is fundamental for an HR team when onboarding new employees. Its primary function is to verify the identity and employment authorization of individuals hired in the United States. All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States. I-9 becomes more complicated with the new addition of California’s Assembly Bill 5 (AB 5), which deals primarily with an employee’s hiring status. Under current federal immigration law, independent contractors do not have to be in compliance with I-9. However, with the addition of AB 5, if those contractors are classed as employees their path to compliance will change.

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Topics: employee vs independent contractor, HR Elements, 2020

DOL Issues Guidance on Classification of Independent Contractors

Posted by: Danielle Capilla    Sep 1, 2015 1:14:00 PM

Employee or independent contractorThe Department of Labor (DOL) has issued an “Administrator’s Interpretation” to assist employers in determining if a worker is an employee or an independent contractor. The DOL has determined that many employers are incorrectly classifying employees as independent contractors, which can harm the worker and open the employer up to various liabilities.

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Topics: ACA, independent contractors, Department of Labor, Affordable Care Act, employee vs independent contractor, FLSA, Fair Labor Standards Act