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K1NNICK

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Nov 26, 2018
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Thinking about switching from 1099 independent contractors to W-2 employees. Its less than 50 so my understanding is we don't have to offer health insurance. We would be required to have work comp insurance and have unemployment insurance. Any one have any idea what unemployment insurance costs? In the mental health field if that matters. Might have to discuss with our atty and accountant to see what's a better move. Thought we could keep costs down with 1099's but seems like we might have more control going the w-2 route.
 
What kind of business? Seems like it’ll be difficult to attract good employees without incentives such as health insurance. We had no more than 15 at one time but offered full health/dental to keep and retain employees.
 
Mental health. Wife (no pics) runs her own marriage and family therapy clinic. The atty told us we would have a hard time finding employees but we had probably 15 people apply and offered 3. Currently only one pays for their own health insurance. Other two have it through the spouse or their main job so not a issue yet.
 
I dunno much about it I have had a business since 2002 and hired like 3 drivers on 1099 over the years. Never messed with w2
 
Ya we have a contract with them its common practice in the mental health field.
 
FICA is the big hit - 7.65% of gross. Sticking 1099s with both sides of FICA is one of the biggest perks. State unemployment varies by state and your rate. Ours is $356.40 per employee this year. Worker comp varies as well, but you are looking at 2-3% of gross wages. However, workers comp is actually to your benefit and you should have it to cover 1099s as well. Having a 1099 hurt on the job or let go and challenging for unemployment is usually where the DOL gets involved. If you have 1099s that look like normal employees with set hours, work responsibility and no other work outside your shop, it might get painful.

We run a payroll with a full benefit package and 401k with a match. One of the things you should look at is the ability to use profit sharing to it's full advantage (up to $112k combined for you and your wife's 401k & profit sharing) . With employees you are looking at a match cost of probably 5% gross per eligible employee if you go safe harbor - 3% immediate vested and the rest can be tiered.

People fear offering benefits. We offer a pretty good plan with decent options and we cover $200 a month per employee. We could probably get that down to $180, but we set it and forget it. It also gives us a lot of flexibility on selecting our own health insurance coverage. Our biggest fear is non-participation or waiver. 70% of eligible employees have to accept or have coverage elsewhere.

Under 50 employees means you are not subject to FMLA, but there is a lot that goes into that.

We are a C-Corp and both my wife & I are full w-2 employees. I like S- Corps, but if you are taxed as a partnership or sole prop I may not suggest this structure.

I use https://gusto.com/ for payroll & benefits and has an integrated workers comp. Gusto has an integrated 401k partner in https://www.guideline.com/ I don't use them, but they are amazingly affordable when you consider compliance testing.

I have clients on https://www.trinet.com/ which is a PEO if you are looking for fortune 100 benefits and have high comp employees.
 
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Thinking about switching from 1099 independent contractors to W-2 employees. Its less than 50 so my understanding is we don't have to offer health insurance. We would be required to have work comp insurance and have unemployment insurance. Any one have any idea what unemployment insurance costs? In the mental health field if that matters. Might have to discuss with our atty and accountant to see what's a better move. Thought we could keep costs down with 1099's but seems like we might have more control going the w-2 route.

Oh, good lord....

Unemployment insurance rates are set by the state. As a "new" employer they'll give you a base rate (based on experience rates of the professions you employ) and that will go up or down based on your actual experience over time.

Worker's Comp is a different story. You can self-insure or go through an insurer. Either way, you'll have to pay for management.

Finally, the decision as to whether you have contractors or employees isn't based on what's best for you. It's based on how much control you have over your workers. Choose wrong, and you may be on the hook for your employees' taxes that you didn't withhold from their pay.
 
We really are just starting to look into this. They don’t have set schedules they have a minimum number of client hours to be paid to reach a certain %. None work over 20 hours per week of client contact. They schedule their own clients. I have a job outside of the business and have health insurance through there but no opposed to having her have the health plan through her work for the write off. Thanks for the info I have looked at gusto for accounting and might circle back.
 
Thinking about switching from 1099 independent contractors to W-2 employees. Its less than 50 so my understanding is we don't have to offer health insurance. We would be required to have work comp insurance and have unemployment insurance. Any one have any idea what unemployment insurance costs? In the mental health field if that matters. Might have to discuss with our atty and accountant to see what's a better move. Thought we could keep costs down with 1099's but seems like we might have more control going the w-2 route.

Sooner or later you will be judged as an employer with that as your motivation.
 
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It’s certainly open for interpretation but we did discuss with a atty when we initially set it up and had the contracts written up. In his experience he’s had similar cases they have indicated that they are contractors essentially because of it’s almost like they are renting a space from us. We just process the claims for them and pay them. I can see where it gets hairy with the % requirements tho.
 
Thinking about switching from 1099 independent contractors to W-2 employees. Its less than 50 so my understanding is we don't have to offer health insurance. We would be required to have work comp insurance and have unemployment insurance. Any one have any idea what unemployment insurance costs? In the mental health field if that matters. Might have to discuss with our atty and accountant to see what's a better move. Thought we could keep costs down with 1099's but seems like we might have more control going the w-2 route.

Sooner or later you will be judged as an employer with that as your motivation.
That’s part of the thought process is that we have one that we want to let go and in looking at our options that has came up. We are trying to determine the best course of action.
 
Other issues to consider:

15 employees = subject to the Civil Rights Act of 1964 and the Americans with Disabilities Act

20 employees = subject to COBRA regulations and the Age Discrimination in Employment Act

50 employees = subject to the Family and Medical Leave Act and the Affordable Care Act
 
Total of 3 with the hope of maybe 10 someday in the future. Thanks for all the info it is really appreciated
 
It’s certainly open for interpretation but we did discuss with a atty when we initially set it up and had the contracts written up. In his experience he’s had similar cases they have indicated that they are contractors essentially because of it’slmost like a they are renting a space from us. We just process the claims for them and pay them. I can see where it gets hairy with the % requirements tho.
 
Oh, good lord....

Unemployment insurance rates are set by the state. As a "new" employer they'll give you a base rate (based on experience rates of the professions you employ) and that will go up or down based on your actual experience over time.

Worker's Comp is a different story. You can self-insure or go through an insurer. Either way, you'll have to pay for management.

Finally, the decision as to whether you have contractors or employees isn't based on what's best for you. It's based on how much control you have over your workers. Choose wrong, and you may be on the hook for your employees' taxes that you didn't withhold from their pay.

I doubt you will see many employers looking at 3 employees self-insuring their workers comp.

Last part is spot-on. You can say they are an IC and they can say they are an IC, but the state can rule differently.
 
Had a friend who went the contractor route with his
5 employees. The state of Illinois called him on it
and he disbanded his business.
 
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I have seen several 1099 operations in the broker dealer space. The reps work under an IC agreement, attract their own clients, set there own hours, cover their own expenses and otherwise operate there own business. The firm provides operation, admin, clearing and compliance. Some also provide space and equipment, but this is accounted for in their payout structure. I always advise it to be a defined and allocated expenses. The SEC & FINRA are strange birds when it come to IC and branding, but I have only heard of one BD having 1099 issues. They tried to squeeze their customer service and operation under 1099, which brought non-exempt status in to question as well.

As for your situation I would suggest asking yourself are you building a collection of professional who operate their business independently with you providing services (IC or even a vendor relationship) or are you building a brand that you will control and could need support staff down the line (employee). Also liability should be a big part of the consideration.
 
Ya I am leaning more toward the building the brand and will need support staff in the future. Liability wise we have required them to have their own insurance and they one has her own llc. Pretty sure we are leaning towards the w-2 so we can have more control and put some processes in place to grow.
 
Thinking about switching from 1099 independent contractors to W-2 employees. Its less than 50 so my understanding is we don't have to offer health insurance. We would be required to have work comp insurance and have unemployment insurance. Any one have any idea what unemployment insurance costs? In the mental health field if that matters. Might have to discuss with our atty and accountant to see what's a better move. Thought we could keep costs down with 1099's but seems like we might have more control going the w-2 route.
Unemployment insurance is usually a fairly low percentage. At least at the state level, you're basically contributing to an account. When you have a former employ that applies for and gets unemployment, they're taking it out of your account, then your future contribution rate will go up for a while. So starting out, your percentage will be a little higher to build up the account.
 
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As sated that I would but was curious on more than just his advice. Thought my fellow hawk fans would be a decent resource.


Be careful of wrong or inaccurate info about your situation. Not everything is apples to apples.
 
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I get that but I also got some advice that lined up with my thoughts.
 
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