Car Wash - Winter 2015 - (Page 50)

IF IT WALKS DUCK AND Q LIKE A DUCK BY M AT T HE W W. CL A RK E A ND M E G A N F. D E L O C K E R Y 50 AMERICAN POET JAMES Whitcomb Riley once wrote, "When I see a bird that walks like a duck and swims like a duck and quacks like a duck, I call that bird a duck." With increasing regularity, government agencies and courts throughout the country are applying this same "duck test," and other legal tests discussed in this article, to find that the "independent contractors" so often used by small businesses and elsewhere really have all the appearances of actually being "employees," and they thus should be treated as employees for purposes of payroll taxes and other employment matters. A growing concern facing car wash companies today, and all industries, is CAR WASH MAGAZINE | WWW.CARWASH.ORG | WINTER 2015 correctly determining whether a particular worker, or entire group of workers, truly fits the definition of being an independent contractor, or whether they should actually be considered an "employee" under federal or state law. The U.S. Department of Labor describes the issue as "one of the most serious problems facing affected workers, employers and the entire economy." Businesses have certain inherent incentives to classify workers as independent contractors in order to avoid requirements to withhold payroll taxes, pay FICA, Medicare, and other withholdings, or make workers' compensation and unemployment insurance contributions under state law. Unfortunately, simply http://WWW.CARWASH.ORG

Table of Contents for the Digital Edition of Car Wash - Winter 2015

Letter from the ICA
Meet the Board
By the Numbers
Overheard Online
Seven trends affecting the future workforce
Talent development and company culture
The Affordable Care Act in action: Preparing for reporting in 2016
Still stuck in traffic
Car washes in the fast lane
Car Wash Show Europe launch a huge success
Enning, Loogman inducted to Car Wash Hall of Fame
Take a Tour
If it walks like a duck and quacks like a duck…
A gentler approach to damage claims
Wash Ideas
Women in Car Wash: Linda Parker
Blast from the Past
Marketing Minute
Women in Car Wash: Mandi Brower
Ask Champ
Download It!
5 ways to build trust in a business
Top Tweets
Safety Tip
Problem Solved
Index of Advertisers
5 Things

Car Wash - Winter 2015