Q. If hiring an employee as an Independent Contractor, how long can you employ them (full time) without it becoming an "avoiding having an employee/benefits issue"?
A. Great question - Determining whether or not an Independent Contractor (IC) is really an employee can be one of the hardest determinations that a manager can make. Here are some guidelines that must be met in order for an IC to not be considered an employee:
1. An IC has total control over how the work gets done. They do not need to adhere to a certain work schedule, and they make determinations about the tools and training required to complete the work.
2. An IC has the opportunity to realize a profit or incur a loss. Normally, the IC peforms similar functions for other companies as well (or has the ability to do so.)
3. Both the IC and the employer view their relationship as independent of one another. For example, in most IC/employer relationships, there is a contract with expressed statements regarding the independence of the contractor.
There is no "magical" length of time at which point an IC becomes an employee, but generally, if the work is temporary then the employer is fine to keep them at an IC status. Once the work becomes permanent, a good practice is to transition them from IC to employee status.
Thanks for your question!!
Please visit HR Now at www.h-r-now.com
Wednesday, July 22, 2009
Tuesday, July 21, 2009
On Demand
We live in a world of immediate gratification. We want what we want, when we want it. Nothing more, nothing less.
If we need a hamburger, it is easy to find a drive through where we can have our burger - just the way we like it - at any time of the day or night. If we also require an order of onion rings or a chocolate-banana shake, we can quickly add those items onto our order. When our car breaks down, we bring it to our local auto repair expert and expect repair only on what is broken. We don't want our tie-rods replaced when the shocks are bad. We expect to have the ability to ask for and receive precisely what we have asked for or need.
Why then, do we give up this ability when we become business people? We tend to let others tell us what we want or need and accept what is offered without voicing our desires, requirements, or needs. Maybe we don't know exactly what we need, or have trouble articulating all of the details around it. Maybe we don't have time to pay attention. Maybe we don't have the expertise and prefer to rely on others. Maybe its all of those things. While these may be perfectly good excuses, the result can be too much or too little service.
The next time you find yourself wanting or needing something from your business partners, I challenge you to spend some time thinking about what you may need. And ask for more. Or less. Ask them to offer suggestions, ask questions about the value of their product or service, and then tailor a request that matches exactly what you need.
Ericka Heid
HR Now
www.h-r-now.com
If we need a hamburger, it is easy to find a drive through where we can have our burger - just the way we like it - at any time of the day or night. If we also require an order of onion rings or a chocolate-banana shake, we can quickly add those items onto our order. When our car breaks down, we bring it to our local auto repair expert and expect repair only on what is broken. We don't want our tie-rods replaced when the shocks are bad. We expect to have the ability to ask for and receive precisely what we have asked for or need.
Why then, do we give up this ability when we become business people? We tend to let others tell us what we want or need and accept what is offered without voicing our desires, requirements, or needs. Maybe we don't know exactly what we need, or have trouble articulating all of the details around it. Maybe we don't have time to pay attention. Maybe we don't have the expertise and prefer to rely on others. Maybe its all of those things. While these may be perfectly good excuses, the result can be too much or too little service.
The next time you find yourself wanting or needing something from your business partners, I challenge you to spend some time thinking about what you may need. And ask for more. Or less. Ask them to offer suggestions, ask questions about the value of their product or service, and then tailor a request that matches exactly what you need.
Ericka Heid
HR Now
www.h-r-now.com
Driving Excellence
"Commit yourself to quality from day one ... it's better to do nothing at all than to do something badly." Mark McCormack
I have always argued that 98% of employees come to work to do well. They strive for excellence in what they do, and desire to have pride in a job well done. Bringing out the best in your employees - setting the stage for outstanding performance - begins with you. And the expectations you establish and communicate to employees.
Establishing expectations surrounding a position takes some time and analysis. Expectations are not linear, they are multi-dimensional. So looking at a position from many angles is a must. What are the logistical expectations? The postional expectations? The team expectations? The client/customer expectations? Take note of the different interactions, the tasks, the location, and any other aspect of the position and think about what excellent means from that perspective.
Communicating these expectations becomes the most critical component of any managers position. And, when done well, greatly eases the "pains" of being a manager. At this point, managers should communicate as directly and succinctly as possible. A good rule of thumb when communicating is this: 1. Tell them what you are going to tell them. 2. Tell them. 3. Tell them what you told them. Find various avenues and reasons to talk about expectations. Share everything - share often.
In every case of performance coaching I have been involved in, the employee expressed a desire to know more about what is expected and more about how the manager views their performance compared with their expectations.
Bottom line, managers - over-analyze your expectations. And over-communicate these expectations. This will help you drive excellence in your organization.
Visit HR Now at www.h-r-now.com
I have always argued that 98% of employees come to work to do well. They strive for excellence in what they do, and desire to have pride in a job well done. Bringing out the best in your employees - setting the stage for outstanding performance - begins with you. And the expectations you establish and communicate to employees.
Establishing expectations surrounding a position takes some time and analysis. Expectations are not linear, they are multi-dimensional. So looking at a position from many angles is a must. What are the logistical expectations? The postional expectations? The team expectations? The client/customer expectations? Take note of the different interactions, the tasks, the location, and any other aspect of the position and think about what excellent means from that perspective.
Communicating these expectations becomes the most critical component of any managers position. And, when done well, greatly eases the "pains" of being a manager. At this point, managers should communicate as directly and succinctly as possible. A good rule of thumb when communicating is this: 1. Tell them what you are going to tell them. 2. Tell them. 3. Tell them what you told them. Find various avenues and reasons to talk about expectations. Share everything - share often.
In every case of performance coaching I have been involved in, the employee expressed a desire to know more about what is expected and more about how the manager views their performance compared with their expectations.
Bottom line, managers - over-analyze your expectations. And over-communicate these expectations. This will help you drive excellence in your organization.
Visit HR Now at www.h-r-now.com
Thursday, July 16, 2009
Momentum
Isn't it the greatest when the stars seem to be in alignment, and everything is going well? Today was like that.
I had an idea for my marketing collateral, and I could see it in my mind, but didn't think that I could pull it off without some hiring both an expert marketing guru and a printer. Instead, I pulled off some great looking peices and didn't have to spend a dime. It's so energizing to have a vision, work hard and problem solve to find a way, and then end up with something you are proud of.
I will let today's success carry me into tomorrow, with the hope that tomorrow brings another. Enjoy today.
Ericka Heid
www.h-r-now.com
I had an idea for my marketing collateral, and I could see it in my mind, but didn't think that I could pull it off without some hiring both an expert marketing guru and a printer. Instead, I pulled off some great looking peices and didn't have to spend a dime. It's so energizing to have a vision, work hard and problem solve to find a way, and then end up with something you are proud of.
I will let today's success carry me into tomorrow, with the hope that tomorrow brings another. Enjoy today.
Ericka Heid
www.h-r-now.com
Tuesday, July 14, 2009
Keep Going
"Success seems to be largely a matter of hanging on after others have let go."
~ William Feather ~
"Keep going" has become my motto. I use it in a lot of situations, both work and personal to focus on a goal or just to keep my head in the game. I say it when I am lifting weights, I say it when I am running, and I say it when I look upon my desk and feel overwhelmed by the amount of irons I have in the fire. It is easy to be distracted, and forget where my focus is.
A few months ago, when I started HR Now, a friend of mine said this, "Now you must only look ahead. Ericka - never look back. Your future is ahead of you." I smiled and nodded my head when he said this, but have found myself returning to this conversation as a way to keep going.
I have heard the saying, Success is not a destiny, it is the journey. I am determined to live the journey, not anticipate the destination.
So today is another day. It is a good one, full of promise and hope. Get on the road, begin your journey, and keep going.
Ericka Heid
HR Now
www.h-r-now.com
"Your work is to discover your world and then with all your heart give yourself to it."
~ Buddha ~
~ William Feather ~
"Keep going" has become my motto. I use it in a lot of situations, both work and personal to focus on a goal or just to keep my head in the game. I say it when I am lifting weights, I say it when I am running, and I say it when I look upon my desk and feel overwhelmed by the amount of irons I have in the fire. It is easy to be distracted, and forget where my focus is.
A few months ago, when I started HR Now, a friend of mine said this, "Now you must only look ahead. Ericka - never look back. Your future is ahead of you." I smiled and nodded my head when he said this, but have found myself returning to this conversation as a way to keep going.
I have heard the saying, Success is not a destiny, it is the journey. I am determined to live the journey, not anticipate the destination.
So today is another day. It is a good one, full of promise and hope. Get on the road, begin your journey, and keep going.
Ericka Heid
HR Now
www.h-r-now.com
"Your work is to discover your world and then with all your heart give yourself to it."
~ Buddha ~
Thursday, July 2, 2009
Brainstorm
There is a wonderful side to brainstorming. The ideas, the creativity, the freedom, the energy, the enthusiasm. It just feels good to unload every idea that you can muster in a few minutes. It feels great to be able to unabashedly yell out ideas, never fearful of being shot down. It is energizing to come up with endless possibilities for what could be. A few weeks ago, someone told me to brainstorm at least once per month to continuously come up with creative and exciting new ideas for my business.
There is a downside to brainstorming as well. The ideas can seem somewhat overwhelming. What to implement? What goes by the wayside? If you are anything like I am, you may find that all of the ideas seem like good ones. Then what? A list of 20 ideas to start... and not enough hours in the day to actually make it all happen.
So the happy medium goes something like this. Everything gets a number according to priority. Then, one at a time, I get moving on the list. Seems elementary, but following up on the small creative things keeps me inspired.
The next time you find yourself in a rut - brainstorm. And then put those ideas into action.
Happy 4th everyone.
Ericka Heid, SPHR
HR Now
JUST WHAT YOU NEED. JUST WHEN YOU NEED IT.
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