If you're paying him as a 1099 contractor, giving PTO might create legal risk

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Jun 20, 2024
5:09:24pm

Jack Burton Six Demon Bag

If you're paying him as a 1099 contractor, giving PTO might create legal risk

Anything you do that makes a contractor look more like an employee may result in the IRS telling you you've misclassified him as a 1099 contractor and he's really an employee. PTO is one of the things they'd look at. Penalties and back taxes are fun!

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Jack Burton

Previous username: Arguendo
Bio page: Jack Burton
Joined: Feb 15, 2016
Last login: Jun 26, 2024
Total posts: 117 (0 FO)

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Messages

Author

Time

Am I old school and out of touch or pretty reasonable?

CrimWalCoug All-American in practice

Jun 20, 4:45pm

Probably should get some time off, even kids at In n Out get paid time off

SwanSong

Jun 20, 4:47pm

Hourly employees?

Great38

Jun 20, 5:13pm

Full time generally yes. Part time very seldom. Some employers keep

Acorn

Jun 20, 6:01pm

In N Out gives PT hourly employees PTO?

fattycoug

Jun 20, 5:16pm

Yes this isn’t North Korea. Costco gives PTO also, Chipotle etc

SwanSong

Jun 20, 5:30pm

Id bet most places that employ kids part time don't offer it.

fattycoug

Jun 20, 5:38pm

I got PTO as an hourly PT employee while in college 20+ years ago.

NorCal_Coug

Jun 20, 6:09pm

He’s an hourly position I take it? If he’s easily replaceable tell him no,

4mack

Jun 20, 4:48pm

My philosophy

Knee Brace

Jun 20, 4:50pm

RE: My philosophy

CrimWalCoug

Jun 20, 4:55pm

That’s part of contract life. Welcome to self employment kid.

molodyets

Jun 20, 4:50pm

Don’t most companies provide pto?

conetah

Jun 20, 4:50pm

RE: Don’t most companies provided pto?

conetah

Jun 20, 4:52pm

Not for an hourly contract employee. Do you pay your plumber PTO?

justAnotherCoug

Jun 20, 5:51pm

I don't think Contract Employees typically get PTO...

UpsideDown

Jun 20, 4:54pm

You’ve never taken two consecutive weeks off in your career? I’m so sorry

Jun 20, 5:20pm

I think it's time for a poll, I am genuinely curious.

UpsideDown

Jun 20, 5:35pm

I admire your work ethic and you do what works for you. I would just lose my

Jun 20, 5:40pm

another idea. accrue PTO with hours worked

insanobueno

Jun 20, 4:54pm

I think this is fair even for contract work. He probably won’t accrue

Jun 20, 4:58pm

No way in heck do u pay it unless it was part of his original comp package

BR549

Jun 20, 4:56pm

You’re talking about a cb mod aren’t you. Didn’t realize you and EJ were tight

Longseason

Jun 20, 4:56pm

he asked for it you say sorry no.

Mayor of Cougartown

Jun 20, 4:57pm

Contract workers get paid for the work they do. That is it

chismoso

Jun 20, 4:57pm

Exactly. That’s the breaks for a contractor

Longseason

Jun 20, 4:58pm

If PTO isn't in his contract, then I would say no. Like others have said,

TheNerd

Jun 20, 4:59pm

Kick him to the curb. Pour salt in his wound. He doesn’t deserve anything. He’s not a child of God worthy of treatment

Haysom Till

Jun 20, 5:00pm

I would say you are being unreasonable. Offer to pay for the trip expenses as

777

Jun 20, 5:02pm

Are you 24 years old? Asking for a friend

md7Coug

Jun 20, 5:19pm

You’d earn lots of goodwill from the heavens. Think how many people in your position would do that. No one. World full

Haysom Till

Jun 20, 5:19pm

Could TNT have some money?

TNT

Jun 20, 5:28pm

Maybe he'd like a more permanent, salaried position. Do you want to keep him?

ochobeeguy

Jun 20, 5:06pm

What do you mean by contract employee?

Jun 20, 5:09pm

If you're paying him as a 1099 contractor, giving PTO might create legal risk

Jack Burton

Jun 20, 5:09pm

This! Pay attention to this! Paying him PTO could cause you legal problems.

justAnotherCoug

Jun 20, 5:54pm

100%

Thrill

Jun 20, 6:19pm

Exactly, the IRS (and state) could come after back taxes, if you do this

NYC and Japan

Jun 21, 12:18pm

RE: Am I old school and out of touch or pretty reasonable?

Jun 20, 5:10pm

Depending on age this kid has most likely been taught to behave like this

Recipefordisaster

Jun 20, 5:10pm

Since we are getting your story I’m trying to think from his side: is this a

TO11

Jun 20, 5:10pm

It's actually illegal as well in many cases. There's lots of laws around contract workers and dictating work and hours

P-Boy Squad

Jun 20, 5:16pm

Him asking for it is okay. But it's up to you to decide if it's granted. Given

OldFogey

Jun 20, 5:14pm

My experience is contract employees make way more per hour than a salaried

septicpumper

Jun 20, 5:17pm

He’s really asking - Am I worth it to you to treat me as an FTE (with benefits like PTO) in the future?

cougXor

Jun 20, 5:20pm

Agreed. I coown a business as well. If he is valuable then 2 wks pto is worth it

Jun 20, 5:26pm

yep. the truth is that when you have someone valuable its worth keeping them

Don Carlton

Jun 20, 5:28pm

Most businesses don't understand this principle, and instead spend tens of

Mitty

Jun 20, 5:40pm

Tell him you have some extra work that you would like him to do for free

Jun 20, 5:27pm

Sounds a little like this, and yes there are days I feel like this.

specsauce

Jun 20, 5:28pm

One thing I will caution…how long has he been a contract employee, do you expect him to work certain hours and tell him

specsauce

Jun 20, 5:33pm

What does co-founding w another CBer have to do w this?

Forbidden Fruit

Jun 20, 5:33pm

So that we will know that the next post isn't a reverse post

Great38

Jun 20, 5:51pm

So your employee is asking for a compensation/benefits increase?

Mitty

Jun 20, 5:34pm

It's not his employee. It's a contract worker.

BlooGeek

Jun 20, 5:39pm

RE: Am I old school and out of touch or pretty reasonable?

Lavella

Jun 20, 5:37pm

Give us a little more context. Why do you have a contracted arrangement instead

The Chief

Jun 20, 5:47pm

Negotiation. Call his bluff or give it to him. If he’s a 1099 employee, he’s

Acorn

Jun 20, 5:49pm

RE: Am I old school and out of touch or pretty reasonable?

Great38

Jun 20, 5:53pm

Employed hourly jobs often (more often than not) will have PTO you accumulate.

TO11

Jun 20, 6:04pm

What I don’t understand is how someone could plan a trip like this knowing they

chitchatfan

Jun 20, 7:25pm

Um when you have a beautiful young wife, her Instagram pic take priority and you

calvindyer

Jun 21, 1:27am

Um if you employ a young man, his wife's Instagram pics need to be more of a

calvindyer

Jun 21, 12:32am

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