[Hidden-tech] Question Regarding Consulting

Christine Dutton cgdutton7 at gmail.com
Mon Nov 20 09:31:40 EST 2017


These are exactly some of the things I've been thinking. We will finalize
our decision after seeking legal advisement. Thank you!

On Mon, Nov 20, 2017 at 9:29 AM, Don Lesser <dlesser at ptraining.com> wrote:

> I have always found the language of “not closely supervised” as a standard
> for contractors to be stupid. If I hire a contractor to rebuild a bathroom
> or teach a particular class or to program a specific module, I have defined
> the job. I don’t want a new living room, a different class, or a phone app
> instead of an SQL database. So I am telling the contractor what to do which
> seems in conflict with the rules. I don’t tell a carpenter which hammer to
> use or how to install a stud. I do tell a trainer what materials to use,
> which examples to use, and my standards for professional behavior. I do
> tell a consultant to use the development platform the client uses since no
> client will, for example, allow us to use MS Access instead of Crystal
> Reports, which they use for all other reporting.
>
>
>
> That said, informally, if you hire a contractor, train them in your
> materials, and then let them teach it, it seems you have enough of a
> hands-off relationship for a 1099. Most of the contracting agencies I know
> of, however, have gone to a W2 without benefits because it protects them.
> The exception is if the contractor has a corporation. (Not sure about LLCs,
> partnerships, etc.) In this case, the agencies are OK paying the
> corporation and letting the contractor take care of taxes.
>
>
>
> Another potential issue is that all contractors are required to have
> Workman’s Comp insurance for themselves. As a corporation, I have been
> required to pay for Workman’s Comp insurance for all my contractors just as
> though they were employees. Only one contractor I know of actually has WC
> insurance. I am not addressing telling untruths to your insurance agency.
> That is between you and them.
>
>
>
> Decide what will let you sleep better and check with your accountant to be
> sure.
>
>
>
> Don Lesser
>
> Pioneer Training, Inc.
>
> 139B Damon Road, Ste 8
> <https://maps.google.com/?q=139B+Damon+Road,+Ste+8+Northampton,+MA+01060+(413&entry=gmail&source=g>
>
> Northampton, MA 01060
> <https://maps.google.com/?q=139B+Damon+Road,+Ste+8+Northampton,+MA+01060+(413&entry=gmail&source=g>
>
> (413) 387-1040
>
> dlesser at ptraining.com
>
> www.ptraining.com
>
>
>
> *From:* hidden-discuss-bounces at lists.hidden-tech.net [mailto:
> hidden-discuss-bounces at lists.hidden-tech.net] *On Behalf Of *Christine
> Dutton
> *Sent:* Monday, November 20, 2017 7:50 AM
> *To:* Christine Dutton <cgdutton7 at gmail.com>; Hidden-Tech Listserv <
> hidden-discuss at lists.hidden-tech.net>
> *Subject:* [Hidden-tech] Question Regarding Consulting
>
>
>
> Hi Hidden Tech Folks!
>
> I have a question regarding consulting status with organizations. I have a
> client who is forming their business with a focus on delivering diversity
> workshops. The client would like to work with consultants, but the
> consultants will be required to train on workshop delivery. Beyond the
> training, the trainers will not be closely supervised. Please let me know
> if you have worked as a consultant for an organization with this type of
> arrangement. It would be great if you could share the name of the
> organization you were working with. My goal is to ensure that the
> consultancy arrangement is designed within legal requirements.
>
> Thank you!
>
> Christine
>
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