Another update from the Jungle….
Otis feels a bit frazzled lately. His lawn care business has to speed up preparations for the busy summer season even though it’s only February. A mild winter fooled Mother Nature into starting spring much too early. Now his customers look at their scruffy flower beds and patchy lawns and fear being lawn-shamed by the neighbors. Otis’ phone is ringing non-stop.
Otis isn’t ready for the upsurge in business. His year-round employees, Jose, Angel and Miguel, can’t handle all the appointments. Between customer calls, Otis is speed-dialing his usual summer helpers. His summer crew is a motley bunch, including college students, a massage therapist and a former professional soccer player with more tattoos than a career felon.
Otis always treated his summer workers as independent contractors or 1099 workers. As 1099’s, these workers are self-employed and responsible for all employment taxes. Many of his summer workers prefer this arrangement because they are running businesses of their own and besides, they like getting more money now.
Now as Otis begins calling his summer helpers, he hits an unexpected snag with Matt. Matt is the son of a friend, originally hired as a favor for Matt’s dad. Matt doesn’t know what he wants to be when he grows up so he is an average worker. He livens up the place, though, practicing his Spanish with Miguel, flirting with the massage therapist despite her obvious lack of interest, and staging drag races with the mowers.
But Matt is lukewarm when Otis calls about returning for another summer. Matt says that he met a girl in a bar who is a pre-law student and she said Otis is breaking the law by not paying him as an employee. Matt says that he wants to be treated as an employee because he wants overtime pay, health benefits and lots of paid leave.
What options are available to Otis?
- He can let Matt ferment like the compost heap behind the equipment shed and move to the next name on the summer hire list.
- He can ignore the issue on the grounds that his company is too small to be noticed by the IRS or the state’s labor department.
- He can rummage through the IRS website looking for information on how to tell the difference between a W-2 and a 1099 worker which will take up time that he doesn’t really have at the moment.
There is no bright line test dividing 1099 from W-2 workers; it depends on the total circumstances. Basically, the more control a company has over how and when the work is done, the more likely the worker is a W-2 employee.
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Of course, there is a downside to being the only millennial in the office. The first time she mentioned Instagram, an absolutely ancient co-worker, Clay, reminisced about his Kodak Instamatic camera. They stared blankly at each other across a technical gap much wider than the difference in their ages.
Arlene, in the next-door cubicle, confided that she is addicted to Facebook. Robyn bottled up her giggles, almost bursting an eardrum, because her mother taught her to be polite to her elders. Robyn rarely checks Facebook anymore; it’s so yesterday.
Robyn has technical challenges too. She is embarrassed by the company’s outdated website and is desperate to upgrade it before her friends notice. She’s also volunteered to do daily social media posts after realizing the company does zero internet-based marketing. The HR manager knows that Robyn is getting frustrated and is desperate to keep her with the company.














Cyndi is flattered by all the attention. It’s nice to be wanted. She knows that if she takes the job, she will be the head of an entire department and get a slight bump in pay. But Cyndi isn’t stupid either.
What should Cyndi do next?





Another update from the Jungle…
Drew was happy to delegate employee issues to Tina. But Tina didn’t know anything about employment laws or human resources best practices. She Googled key terms periodically and filled out paperwork to the best of her ability. The company’s CPA was able to answer her questions related to payroll processing, but basically Tina was on her own.
downhill since.
Last month, Sue decided to fight back. She bought a doll that she treats as her boss’ avatar. Each evening, she sticks pins in the doll and wishes psycho boss would vanish. So far the doll looks like a pin cushion but the bad juju hasn’t worked because Sue still works for the psycho.
the smoke cleared and the hockey pucks were trashed, Renee decided to assign an experienced employee as a mentor to train Marta on using equipment. Marta now bakes cookies using her grandmother’s recipes that are the hottest sales items in the store.