Employee or Free Agent ? Education equals more exercise.

The Staffing View

On business, the workplace and employee relations

_July, 2008

Employee or Free Agent? New Legislation Could Matter

Recently, a bill that would modify employment classifications was introduced in the US House of Representatives Specifically, the legislation would alter the circumstances under which an employer could classify workers as “independent contractors” Called the Taxpayer Responsibility, Accountability, and Consistency Act (HR5804), this measure would hold employers who unreasonably classify workers as contractors liable for increased tax penalties

This bill isn’t the only buzz concerning contractors’ rights Recently, Massachusetts Attorney General Martha Coakley, in response to the 2004 narrowing of that state’s definition of an independent contractor, issued an advisory that sheds light on the current state of the law as well as on her office’s enforcement priorities The advisory also gives employers advice on how to determine if their workers are correctly being classified as independent contractors

Also, Massachusetts Gov Deval Patrick is stepping up that state’s enforcement efforts concerning the misclassification of workers With a recently issued executive order, now employers there could be subjected to triple damages if they violate the law

Employers are not responsible for withholding income taxes or Social Security or Medicare taxes or paying unemployment taxes for contractors, who generally are characterized as workers who are customarily engaged in an independently established business or trade However, if an employer maintains control over the manner in which a contractor performs his or her services or requires him or her to perform the services during the employer’s usual course of business, the contractor may really be an employee in the eyes of the law That said, you should be aware of the factors that the Internal Revenue Service and state-based agencies will use to determine whether you’re in compliance with federal and state law Visit the small business section of wwwirsgov to find out generally who is an independent contractor and who is an employee

Returning to Work After a Long Medical Leave

If you’re ever out of work due to a serious illness or injury, your return to work most likely will be a process rather than a single event Keep in mind that if you’ve been out on a medical leave of absence, your employer most likely will require you to submit documentation from your health-care provider authorizing your return In anticipation of that request, be sure to keep a copy of your job description somewhere outside of the office—in a place that’s easily accessible while you’re out of work Your health-care provider can use that information to gauge whether you can return to your previous functions or whether you will require an alternative—light-duty—assignment

If you are given the go ahead to only return on a light-duty basis, find out how long your doctor anticipates that you should work in a restricted capacity Generally an employer does not need to accommodate you with a light-duty assignment if your injury is not work-related If you can’t perform the essential job functions with or without reasonable accommodation, there’s a chance your employer could refuse your request unless you’re out of work on workers’ compensation Also, if you’re given the go-ahead to return to work but you choose not to, don’t expect your employer to hold open your position indefinitely

An employer may not have to give you a light-duty assignment, but it can’t discriminate against you because of a disability or a perceived disability The law generally entitles you to reasonable accommodation unless granting the accommodation would place an undue hardship on your employer If you believe you’ve been discriminated against because of your illness or injury, consider contacting your state’s equal employment opportunity office

If you’ve been cleared to return to work without restrictions but you don’t believe that you’re ready to return at full capacity, discuss creative solutions with your employer For instance, find out if your manager is amenable to you working from home part of the week while you ease back into your full workload In addition, try to stay connected with coworkers while you’re out of work This is a way to give you insight into new initiatives that are being implemented in your absence Once you do return you’ll be up to speed on any revised policies, procedures, and initiatives that have been set into motion during your absence

Finally, don’t hesitate to ask coworkers for help once you do return to work Most likely your colleagues will be more than willing to lend a helping hand if you demonstrated prior to your illness or injury that you were a team player and you’re able to articulate the specific ways in which they can assist you

Look for These Clues When Choosing a New Employer

If you’re in the market for a new job, chances are you may be in the market for a new type of employer, too Perhaps you were unhappy with the benefits or vacation policy at your last job and you’re hoping to land a lucrative position with a laid-back atmosphere and massive growth potential While a change of venue can reenergize you temporarily, the luster of the new workplace can wear off fairly quickly if you find yourself stifled by an uptight, uncreative work environment

It’s smart to use interview outings as a way to evaluate whether you really could envision yourself working for your prospective employers Start by observing employees’ workstations Do they keep them neat and organized for the most part, or are things in disarray? While each worker’s individual space may be indicative of his or her personality, it also may be evidence of the climate of the workplace If the majority of workstations are in disorder, it could signify that the workers are being worked very hard with projects regularly being piled on them Also, do most workers take pride in their appearances? Generally, people who are happy with their work environment take pride in their appearance They consistently put their best foot forward because they hope to excel in their current roles

Is there workplace chatter? A completely silent work area may mean a stuffy environment, whereas a place where coworkers tend to banter from time to time may indicate that the employer promotes a laid back atmosphere Notice the office furniture and computer equipment Chances are if the workspace is updated and modern and the employees have state of the art computers, you won’t find yourself frustrated by a laptop that crashes all of the time or without the updated resources that you need to effectively perform your job

Finally, tap into your network to find out if a potential employer is really one for which you’d want to work Consult with friends, family, and other people with whom you share a bond Consider posting an anonymous request for information about the workplace on a social-networking site or search blogs for posts about the company A lot of workers use social-networking sites as a sounding board for employment qualms, and you may be able to learn a lot about whether this a place where you’ll really be happy before accepting the job 

Make Money at Home!

Sun Microsystems recently released the findings of its Open Work Energy Measurement Project, a study of more than 100 participants to determine how much energy is consumed while working in a Sun office, working at home, and while commuting to and from a Sun office

• Employees saved more than $1,700 annually in gasoline and maintenance on their vehicles by working at home an average of 25 days per week


• Office equipment energy consumption rate at a Sun office was two times that of home office equipment energy consumption, from approximately 64 watts per hour at home to 130 watts per hour at a Sun office


• Commuting was more than 98 percent of each employee's carbon footprint for work, compared to less than 17 percent of total carbon emissions to power office equipment


• By eliminating commuting just 25 days per week, an employee reduces energy used for work by the equivalent of 5,400 Kilowatt hours per yearWorking from home 25 days per week saved the employees in the study an average of 25 weeks of commute time (8 hours per day, 5 days per week) 

How I Spent My Summer Vacation

The federal Labor Department has released its spotlight on US Sports and Exercise, part of its American Time Use Survey of more than 70,000 citizens from 2003 through 2006

16

Percentage of people age 15 or older who engage in sports or exercise on an average day

23  

Percentage of people with a bachelor’s degree or higher, aged 25 years and older, who engaged in sports and exercise activities on an average day Less than a high school diploma, 10 percent

30

Percentage of people who walk for their exercise on an average day 13 percent lift weights 127 use cardiovascular equipment 84 swim, surf, water ski