Podcast 376: 1099 or W2: Are You Putting Your Roofing Business At Risk? with Philip Siegel

W-2 employee or 1099 subcontractor? What is the right classification? While this has always been a question facing everyone in the roofing industry, things have changed and been turned upside down with the new law in effect since March of this year. Join us to learn more!

Dave and John are joined by Philip Siegel, a labor/employment attorney with over 20 years of experience. He has made several appearances on the show to share his legal expertise and practical advice for contractors. There is much misinformation and confusion about the new classification guidelines, and Philip knows the facts and will steer us all in the right direction.

What you’ll hear in this episode:

• The facts according to the new Department of Labor rule on “the misclassification issue”
• John’s take on the issue as a roofing business owner
• Philip’s recommendations for most small-to-midsize roofing contractors, based on common questions about the new rule
• Possible lawful exemptions to the new rule
• Specific scenarios in which people will get caught in violation of the rule—and what the hefty consequences are
• Two specific issues with subcontractor classification: calculating commission structures and using multiple crews to guard against overtime
• Philip’s advice to put you in the WIN column on this issue
• Differences between the Trump administration and the Biden administration regarding classifying an independent contractor
• Two little-known factors that help classify an independent contractor
• The importance of recording/documenting your communication with subcontractors–and how ProLine makes it easy for Peach State Roofing!
• Philip’s warnings about subcontractors’ safety training and working side-by-side with W-2 employees

Resources

Connect with Philip Siegel: 404-469-9197, Email, and Website

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