Fencepost - July/August 2017 - 43

employer-employee relationship include, but are not limited to,
whether the contractor:
1. supplies the tools or materials;
2. makes services available to the general public;
3. works for a number of clients at the same time;
4. has an opportunity for profit or loss as a result of the labor or
services provided;
5. invests in the facilities for work; and
6. directs the order or sequence in which the work is to be done
and determines the hours during which the work is to be done.
A cautionary tale on this subject resulted from U.S. v. Lorenzo
Robles (OCAHO 1991). In that case, a roofing contractor engaged
in the business of installing new and replacement roofs on residential buildings. To staff projects, the roofing contractor hired
crews and paid them on a production basis (per square of shingles
laid). The contractor then issued Form 1099 treating the roofers
as non-employees for tax purposes. Despite the tax treatment, the
Office of the Chief Administrative Hearing Officer (OCAHO)
found that the roofers were employees for immigration purposes
because the roofing contractor exercised sufficient control over the
roofers in the performance of their work. Specifically, the judge
found that the contractor maintained general supervisory power
over the roofers and the roofers didn't work on other projects or
have any profit motive for their venture.
However, even when a valid independent contractor relationship
exists, an employer cannot begin or continue using a contractor's services when it has knowledge that the contractor is using
unauthorized workers. Another exception to the independent
contractor rule is that prime contractors are required to ensure
that their subcontractors use E-Verify when:
1. the prime contract includes the Federal Acquisition Regulation
(FAR) E-Verify clause;
2. the subcontract is for commercial or noncommercial services
or construction;
3. the subcontract has a value of more than $3,000; and
4. the subcontract includes work performed in the United States.
In general, subcontractors that do not provide any services
and only provide supplies are not subject to the E-Verify federal
contractor rule.
Prime contractors may be subject to fines and penalties if they
knowingly continue to work with a subcontractor that is in violation of the E-Verify requirement. While prime contractors are
not responsible for verifying their subcontractors' individual
employees, they must ensure that all covered subcontracts at
every tier incorporate FAR clause 52.222-54, Employment
Eligibility Verification.
Finally, self-employed individuals are not required to complete
forms I-9 for themselves. They also aren't required to use E-Verify.
But all employers, even sole proprietorships, must complete a Form
I-9 for each employee they hire.
The U.S. Citizenship and Immigration Services department has
provided a handbook for employers on completing Form I-9. Please
visit https://www.uscis.gov/sites/default/files/files/form/m-274.pdf
for more information. ■

AFA

CALENDAR

AUGUST 10, 2017
North Central Chapter
The 17th annual four-person best ball golf tournament is
scheduled for August 10. The North Central Chapter will
have a 1 p.m. shot gun start to kick off their tournament
and meeting. RSVP to Bob Peterson
at bobp@midwestfenceco.com.

SEPTEMBER 13, 2017
Northern Ohio Chapter
The Northern Ohio AFA will be hosting their fourth
sporting clay shoot at the beautiful Hill'n Dale Club.
Hill'n Dale is a private sportsman's club that offers a
lot of venues including trap, skeet and sporting clays.
This will be a fun day for all that attend. We intend to
invite not only AFA members, but also non-members
in the fence and fence-related industries. We had an
incredible turnout at this event last year. For more
information please reach out to chapter president
Ken Throckmorton at foreverfencerail@yahoo.com.

SEPTEMBER 14-16, 2017
North Central Regional Conference
Chicago, Illinois
Registration opens in July.

Chapter/regional event information is subject to change without notice;
please check with your local chapter to verify dates, times, locations
and content.

Chris Thomas is a shareholder and Phil Pemberton is an associate
in the Denver office of Ogletree Deakins.
www.americanfenceassociation.com | 43 | July/August 2017


https://www.uscis.gov/sites/default/files/files/form/m-274.pdf http://www.americanfenceassociation.com

Table of Contents for the Digital Edition of Fencepost - July/August 2017

Editor’s Note
Executive Director’s Message
President’s Message
Board of Directors | Board of Governors
Setting Yourself Apart From the Competition
VMA
Cutting Fuel Costs With Fleet Tracking
Blue Ribbon Companies
The Right Gate for the Job
CLFMI
New Technologies Provide Global Reach for Access Systems
New Members
All About I-9s
Calendar
Good Fences and Good Neighbors
Minding Your Business
Fencesense
Index to Advertisers
Fencepost - July/August 2017 - Intro
Fencepost - July/August 2017 - cover1
Fencepost - July/August 2017 - cover2
Fencepost - July/August 2017 - 3
Fencepost - July/August 2017 - 4
Fencepost - July/August 2017 - 5
Fencepost - July/August 2017 - 6
Fencepost - July/August 2017 - 7
Fencepost - July/August 2017 - 8
Fencepost - July/August 2017 - 9
Fencepost - July/August 2017 - 10
Fencepost - July/August 2017 - 11
Fencepost - July/August 2017 - 12
Fencepost - July/August 2017 - Editor’s Note
Fencepost - July/August 2017 - 14
Fencepost - July/August 2017 - Executive Director’s Message
Fencepost - July/August 2017 - 16
Fencepost - July/August 2017 - President’s Message
Fencepost - July/August 2017 - 18
Fencepost - July/August 2017 - Board of Directors | Board of Governors
Fencepost - July/August 2017 - Setting Yourself Apart From the Competition
Fencepost - July/August 2017 - 21
Fencepost - July/August 2017 - 22
Fencepost - July/August 2017 - 23
Fencepost - July/August 2017 - 24
Fencepost - July/August 2017 - VMA
Fencepost - July/August 2017 - Cutting Fuel Costs With Fleet Tracking
Fencepost - July/August 2017 - 27
Fencepost - July/August 2017 - 28
Fencepost - July/August 2017 - Blue Ribbon Companies
Fencepost - July/August 2017 - The Right Gate for the Job
Fencepost - July/August 2017 - 31
Fencepost - July/August 2017 - 32
Fencepost - July/August 2017 - CLFMI
Fencepost - July/August 2017 - 34
Fencepost - July/August 2017 - New Technologies Provide Global Reach for Access Systems
Fencepost - July/August 2017 - 36
Fencepost - July/August 2017 - New Members
Fencepost - July/August 2017 - 38
Fencepost - July/August 2017 - All About I-9s
Fencepost - July/August 2017 - 40
Fencepost - July/August 2017 - 41
Fencepost - July/August 2017 - 42
Fencepost - July/August 2017 - Calendar
Fencepost - July/August 2017 - Good Fences and Good Neighbors
Fencepost - July/August 2017 - 45
Fencepost - July/August 2017 - 46
Fencepost - July/August 2017 - 47
Fencepost - July/August 2017 - 48
Fencepost - July/August 2017 - Minding Your Business
Fencepost - July/August 2017 - 50
Fencepost - July/August 2017 - Fencesense
Fencepost - July/August 2017 - 52
Fencepost - July/August 2017 - 53
Fencepost - July/August 2017 - 54
Fencepost - July/August 2017 - 55
Fencepost - July/August 2017 - 56
Fencepost - July/August 2017 - 57
Fencepost - July/August 2017 - Index to Advertisers
Fencepost - July/August 2017 - cover3
Fencepost - July/August 2017 - cover4
Fencepost - July/August 2017 - outsert1
Fencepost - July/August 2017 - outsert2
Fencepost - July/August 2017 - outsert3
Fencepost - July/August 2017 - outsert4
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