Recently I spoke with a small business owner who said that an auditor (perhaps accountant or IRS rep.), who advised her to not post a schedule for her employees. This is in effort to keep employees off the payroll, therefore curving her payroll tax liability amount.
CAUTION CAUTION CAUTION!!!!!
This is certainly a surefire way of having the IRS and DOL knocking at your door. Now I know there are alot of shortcuts and loopholes in the law, but what I'm about to say shouldn't be used as your only resource, but should be used to save your bottom for a little while and perhaps for years to come. If you have an establishment which requires constant staffing, that is, Monday through Friday and sometimes weekends; use a schedule.
If you don't have time to call-in your employees every single day; use a schedule. If you have more than 3 employees who you use on a daily basis; use a schedule. If you use them at least 3 days out of the work week; use a schedule. It's logical to just post a schedule for the employees whom you use on a regular basis.
Don't be mistaken or mislead, if you have a person whom you utilize their skills on a regular basis at your establishment; they are an employee. If you tell them when to show up, when to leave, and when they will be compensated; they are an employee. If you are providing benefits to them; they are an employee.
A "contract employee" or "independent contractor" means exactly what their titles say; they are under contract. So if you don't have a contract or written agreement in place for these fine individuals, they may as well be your employee.
It's imperative that the contractor or employee knows their status before they step foot into your establishment. This in turn will clear up alot of misunderstandings from occurring.
And remember, if someone offers you advice that sounds a little questionable, do your research.
