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Contractor and Employee at the same time Contractor and Employee at the same time

02-26-2011 , 07:17 AM
I am entering a new job as an event planner. They want to pay me salaried for the administrative roles (basically anything in office such as ordering/scheduling/getting clients/planning) and then a per hour rate for actually working on the events on location. I think this has to be some sort of red flag for the IRS, and also HR policies due to overtime/break type hourly rules. Can someone help? This is in California.
Contractor and Employee at the same time Quote
02-26-2011 , 07:57 AM
Why not just treat it all as if you're a contractor? my boss pays me by the hour for research but I'm a "contractor"
Contractor and Employee at the same time Quote
02-26-2011 , 08:39 AM
I can't speak for the States but based on the labour law here there is a four part test that determines if you can be classified as a contractor or if you are an employee. I don't remember the specifics but stuff like how much autonomy you have over how your assignments are completed, if you use your own tools or if the employer supplies them, how your pay is structured, etc. There is likely something similar in California.
Contractor and Employee at the same time Quote
02-26-2011 , 09:48 AM
Quote:
Originally Posted by arsoisaen
I am entering a new job as an event planner. They want to pay me salaried for the administrative roles (basically anything in office such as ordering/scheduling/getting clients/planning) and then a per hour rate for actually working on the events on location. I think this has to be some sort of red flag for the IRS, and also HR policies due to overtime/break type hourly rules. Can someone help? This is in California.
How do you get a dilemma out of this? You receive a salary, they have offered you a fixed monthly, they pay the same, and you get the same each and every month regardless of events. Then, at these events you plan, they can get you a per diem in a way. The host will be billed for the actual time, so you get some more money.

I suppose you could refuse to be treated like a peon who is paid by the hr, and not attend the events. Not much of a future in event planning if you don't show up though.
Contractor and Employee at the same time Quote
02-26-2011 , 12:39 PM
Just to clarify: if the per hour event work is W-2 income, then I don't see how it would be an issue. Your W-2 will have one figure for total compensation which will include both the salaried and per hour earnings.

If however you are to be considered a contractor for the per hour work, then it could raise flags if you're seen as being an employee misclassified as a contractor, which is sometimes done by a company in order to avoid payroll taxes.

For the overtime/break question, I would think that the standard regulations would apply whether you're working the salaried position, the per hour position, or a combination of both in the same day/week.
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