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Instructions and Help about Subcontractor laws

Welcome mr. Jonathan judge Thank You Ward and Thank You Shannon with Basset salon solutions for having me today and gathering you all to talk about the independent contractor test changes it to California law so like Ward said we'll do the first hour just walking through the case and the tests that they've come up with in California and then we'll open up the last half hour for a QA but if any questions come up during the talk we'll try to address those but if it gets too disruptive then we'll just hold those off until the end so we can get through the material we've got a lot of material here in the written material if you need a set there's a couple up here at the front we've got some pens and highlighters there in the back a little bit about myself I'm a partner with a concern and Olsen lawyer root and Robo we're a law firm here in California we've got a hundred and eighty attorneys about 40 of us practice employment law and exclusively defend employers when they get sued by their employees a lot of the work that I do is talking to employers and talking them through the everyday situations that they face with employees and terminations and severance agreements and employee handbooks policies agreements and part of that is the whole dynamic with independent contractors so that's why Bassett had me come in to talk with you today because that's kind of my area of specialty so with that being said let's get into the materials here so on April 30th of this year the US or the California Supreme Court came down with its decision the dynamics case regarding independent contractors and what it did was change the law with regard to independent contractors from the test that we had been using for 30 years in California from what was once a multi-factor test where you would be able to weigh the different factors and make arguments one way or another to favor an employee versus independent contractor determination they've gone to a more rigid test that's somewhat simpler but very tipped in favor of employee findings so a couple of the the takeaways that I wanted to go over first before we get into the details of the case is you know where we stand with the law number one the the facts of each particular situation are still going to matter so it this doesn't mean that the independent contractor model of business is dead but it's going to be a lot more difficult to get there but the underlying facts of each particular seige situation are going to continue to matter and to continue to be argued over by attorneys number two there was always a presumption under California law that an individual working for a business was an employee and not an independent contractor and the burden of proof was always on the employer.

FAQ

How much to pay in taxes for freelancer?
Your freelance business goes on schedule C. Report revenues on line 1, 80% payouts to subcontractors on line 11, Contract Labor, and other expenses as appropriate. Net profit is carried over to your 1040 income tax return and schedule SE, .where you will pay 12.23% of your net profit. You need to make quarterly income tax payments if your withholding from regular employment (if any) will be less than 90% of your income tax for the year and your income tax for the year will be more than $1000. There is an estimated tax worksheet for this.If  you pay a US subcontractor more than $600, you must report it on a 1099  at year end. You don't have to report anything on foreign  subcontractors. You will not need an employer ID. You can give clients your SSN for them to put on 1099s. Reseller ID is for sales to customers within your state, if it charges sales tax on custom software services (not to be confused with shrinkwrap software).. Many states do not.Addendum:If  your net profit plus other income will be less than $8000 for the year,  you will not have file quarterly and your only tax at year end will be  the 12% self-employment tax. Your state income tax will probably be zero  as well.Self-employment tax is a retirement plan called Social Security. You will get it back when you are old.
A client did not pay me for software work. What should I do? Can I e-mail his customers and let them know their accountant did this? Can I be sued for that?
Do not ever e-mail the clients. The scum bag will sue you.I am not reporting legal advice. I have had more than my fair share of troubles.One guy in Florida basically tried to turn me into his slave while I was there. That’s a long story. They were Jamaicans. It took a while for me to understand that they had gotten all of their money through Ponzi Scheme in Jamaica. And, they weren’t ever going to pay me, and they certainly weren’t going to give me traveling money to get back to my house. I would say that I lost my house because of getting tangled up with them. They kept me in Florida, and I could not come back to California to my house to find work and start making payments. When I got back, the bank started giving me the run around. Four years later and a law suit with the bank, they just simply took it. Once the house was in a state of foreclosure, there was no way to get back in good with the bank. I filled out a lot of modification forms, all of which resulted in a lovely note from the bank saying that I made too much money to be helped. The bank, and the Jamaicans played the system. Programmers tend to just program.By the way, the Jamaicans even conned Donald Trump.Suing them was suggested to me by the Dade County Sheriffs Department. But, I did not pursue the suit because of how much money that took. Also, there is the time factor.But, there are a lot of clients I should have sued. One couple wrote me a stock certificate for pay and then shut down their company. Another group of clients had their stuff on my host, but they refused to pay to move it to their host. They also refused to pay for hosting. When I couldn’t pay for the host anymore they called me and asked what happened to their content.There was a project that ended up successful. But, for a prototype I put in a timed shutdown, pending payment. I ended up having to pay for the disks to be copied. They took it out of my payment which they gave me before I fixed it. But, they also finished the project with me.So, be careful about shutting down the web site. The guy might sue over that even though he owes you money.There was another guy who was sure to be the next Steve Jobs, so he thought. His checks bounced regularly. He didn’t pay much. He picked up women in front of me at Apple conferences and acted like that mad him bigger than me. In the mean time, his wife was pregnant with his fourth child. She was not at home though, because she was down at the corporation making the family income. The guy sent his lawyer after me to make sure that I didn’t use any of his intellectual property.My father was a lawyer still at that time. (And, my father has long gone to his reward.) But, my dad simply had me write a letter to the guy’s lawyer telling him that I would be happy to discard his materials and ask if the guy would ever make his last installment after so many of his checks bounced. (They bounced at awkward times, like when I was taking a girl friend on a road trip to SF. And, the guy tried to make me feel guilty that I was spending some of the money he was supposed to pay having a nice day with a girl.)So, my dad simply made it clear to me that once the guy’s lawyer understood that he really had no money to pay for his legal fees, that the lawyer would sweetly go away. And, he did.So, you have a few cards in your hand. Do it yourself law (DIY law) might be enough. Small claims might work. His lawyer might sweetly go away.As for the Jamaicans, someone else sued them and likely won. I had difficulty finding a lawyer in Florida. California was a little easier. But, I certainly thought about talking to the lawyers of the guy who sued.So, likely someone else has sued your scumbag. They can do it again.
How does one get invited to the Quora Partner Program? What criteria do they use, or is it completely random?
I live in Germany. I got an invite to the Quora partner program the day I landed in USA for a business trip. So from what I understand, irrespective of the number of views on your answers, there is some additional eligibility criteria for you to even get an email invite.If you read the terms of service, point 1 states:Eligibility. You must be located in the United States to participate in this Program. If you are a Quora employee, you are eligible to participate and earn up to a maximum of $200 USD a month. You also agree to be bound by the Platform Terms (https://www.quora.com/about/tos) as a condition of participation.Again, if you check the FAQ section:How can other people I know .participate?The program is invite-only at this time, but we intend to open it up to more people as time goes on.So my guess is that Quora is currently targeting people based out of USA, who are active on Quora, may or may not be answering questions frequently ( I have not answered questions frequently in the past year or so) and have a certain number of consistent answer views.Edit 1: Thanks to @Anita Scotch, I got to know that the Quora partner program is now available for other countries too. Copying Anuta’s comment here:If you reside in one of the Countries, The Quora Partner Program is active in, you are eligible to participate in the program.” ( I read more will be added, at some point, but here are the countries, currently eligible at this writing,) U.S., Japan, Germany, Spain, France, United Kingdom, Italy and Australia.11/14/2018Edit 2 : Here is the latest list of countries with 3 new additions eligible for the Quora Partner program:U.S., Japan, Germany, Spain, France, United Kingdom, Italy, Canada, Australia, Indonesia, India and Brazil.Thanks to Monoswita Rez for informing me about this update.
How can I get more people to fill out my survey?
Make it compellingQuickly and clearly make these points:Who you are and why you are doing thisHow long it takesWhats in it for me -- why should someone help you by completing the surveyExample: "Please spend 3 minutes helping me make it easier to learn Mathematics. Answer 8 short questions for my eternal gratitude and (optional) credit on my research findings. Thank you SO MUCH for helping."Make it convenientKeep it shortShow up at the right place and time -- when people have the time and inclination to help. For example, when students are planning their schedules. Reward participationOffer gift cards, eBooks, study tips, or some other incentive for helping.Test and refineTest out different offers and even different question wording and ordering to learn which has the best response rate, then send more invitations to the offer with the highest response rate.Reward referralsIf offering a reward, increase it for referrals. Include a custom invite link that tracks referrals.
How do I fill out the MH CET law option form?
Go through the following link It will help you to decide the option preference based on your choiceList of Good Engineering CollegesList of Good Autonomous/Private University/Deemed engineering college in MaharashtraGovernment, Government-Aided and University Department Engineering Colleges Ranking /Preferences (Core Branches)List of Good engineering college in Pune and nearby areaList of Good engineering college in Mumbai and nearby area as per student choice
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