1099 or W2?
“If it looks like a duck, swims like a duck, and quacks like a duck, then it probably is a duck.”
Use the Federal 20 Factor Test and Common Law to determine independent contractor or employee status in Virginia:
- Is the worker required to comply with instructions about when, where and how the work is done?
- Is the worker provided training that would enable him/her to perform a job in a particular method or manner?
- Are the services provided by the worker an integral part of the business’ operations?
- Must the services be rendered personally?
- Does the business hire, supervise, or pay assistants to help the worker on the job?
- Is there a continuing relationship between the worker and the person for whom the services are performed?
- Does the recipient of the services set the work schedule?
- Is the worker required to devote his/her full time to the person he/she performs services for?
- Is the work performed at the place of business of the company or at specific places set by the company?
- Does the recipient of the services direct the sequence in which the work must be done?
- Are regular oral or written reports required to be submitted by the worker?
- Is the method of payment hourly, weekly, monthly?
- Are business and/or traveling expenses reimbursed?
- Does the company furnish tools and materials used by the worker?
- Has the worker failed to invest in equipment or facilities used to provide the services?
- Does the arrangement put the person in a position or realizing either a profit or loss on the work?
- Does the worker perform services exclusively for the company rather than working for a number of companies at the same time?
- Does the worker in fact make his/her services regularly available to the general public?
- Is the worker subject to dismissal for reasons other than non-performance of the contract specifications?
- Can the worker terminate his/her relationship without incurring a liability for failure to complete the job?
2011 VETS 100 Filing Cycle
The Department of Labor has issued a special announcement regarding the 2011 VETS 100 filing cycle.
Special Announcement: VETS100 ONLINE REPORTING APPLICATION NOW LIVE
Contractors may now submit their VETS100 and/or VETS100A reports using the VETS100 reporting application for the 2011 filing cycle. Contractors must use the 2011 form provided below (see Forms Section).
While the filing cycle timeframe has changed, the timeframe for information used to complete a VETS100/100A report (known as the reporting period) will still remain the same. Question 16 in the FAQs provides more information about the reporting period.
Contractors will have up to 60 days to submit their report(s) from November 1, 2011 to December 30, 2011. Reports will not be accepted for the 2011 filing cycle after December 30, 2011.
Contracting Officers should not withhold from obligating funds to contracts because a contractor has not filed a report for the 2011 filing cycle because the 2011 filing cycle is still open. Any report submitted after December 30, 2011 for the 2011 filing cycle may be handled by a contracting officer according to VETS 100/100A regulations.
*** Please note: Any report filed on a 2010 form or any 2011 report submitted to the Service Desk PRIOR to November 1, 2011 MUST be resubmitted by the Contractor on the 2011 form using the VETS100 reporting application. ***
For more information: 2011 VETS 100 Filing Cycle
Surviving an OFCCP Audit - Q&A
Thank you for attending today’s WTPF Program on Surviving an OFCCP Audit. We hope that during this interactive session, we covered all of your concerns about how to respond to an audit letter, prepare for an audit, what to expect when the OFCCP comes on site, and more. If you have additional questions regarding an OFCCP audit, please leave your questions below and Bridget Pulivarti, SPHR, will be happy to answer them!
Surviving an OFCCP Audit
Are you concerned you may be selected for an OFCCP compliance audit? Do you know how to prepare your organization? What will the audit journey look like? What will happen if the OFCCP comes onsite?
If so, you don’t want to miss WTPF’s Program on Surviving an OFCCP Audit! In addition to answering these questions, WTPF’s program will provide an interactive discussion opportunity to speak with both our subject matter expert Bridget Pulivarti, SPHR, Practice Director of Helios HR and Craig Hackett, Chief Human Capital Officer of HeiTech Services someone who recently passed a successful OFCCP audit.
This program will cover:
- Steps to take in response to an audit letter
- Preparation for the audit
- What happens when you submit your materials for the desk audit
- What to expect when the OFCCP comes on site
Bring your questions to our expert, Bridget Pulivarti, SPHR, who has delivered over 175 affirmative action programs and led 20 successful audits. Helios HR provides outsourcing, consulting and recruiting services that optimize your workforce and HR operations.
Register for the event! Next Wednesday, November 2, 2011 from 8:00 am- 10:00 am.
Helios Recruiting Blog
Welcome! This blog will provide you with the best practices and needed advice on resume writing, interviewing, tips for researching potential employers, techniques on finding the right people and finding the right opportunity for your growth. Our mission is to share best practices with those involved in talent management and provide current tips and trends to our readers.
In the coming days and weeks, we will cover many topics, but I wanted to start with trends that will shape tomorrow’s talent searches for firms. The same practices can be used by job seekers to see where they should be posting resumes and the best places to connect and network with Talent Managers. The first action that any recruiting team needs to tackle is to create a competitive advantage in their space.
How can this be done? Our recruitment practice subscribes to the philosophy that the quality of an organization’s talent will have a direct correlation to its success. We will share some of the ways we have become the “go-to team” for our clients. Having a team of consultants, each with their own niche or specialty, is an added resource to your internal HR team, and will help you build and establish a workforce environment that creates a competitive advantage.
Use your resources wisely
Using Social Networks is new, needed, and effective. However, when used incorrectly it is a tricky policy. In order to be effective, firms not only need to have a presence, but a policy that is well suited to their needs and that works for them. If you encourage employees as individuals to connect with others and share their own information, they will expand their following, but not drive people to your firm.
It is important when using social media to make sure the branding of your firm is consistent and that you do not have multiple employees using the same media, in the firm’s name. An effective way to transform or shape this is to encourage senior management and recruiting staff to have a work account. Using a professional account on LinkedIn, Facebook, Twitter, and The Ladders allows your team to have their own following. Candidates of various job skills and locations can follow your firm or your firm’s representative. You also encourage better communication between your own internal recruiting team and senior management.
At Helios, we typically incorporate social media in our searches and particularly LinkedIn. Job boards may have revolutionized recruiting, but many of the larger services, although useful, have become weighted down with resumes of unqualified candidates. Sometimes it is more time consuming to run a complex search on a larger board or really find candidates in the top talent pool our clients are interested in. While job boards are still an avenue of candidate sourcing, they now take a back seat to more strategic and innovative ways to build a superior candidate pipeline.
Generate buzz!
It is important to create targeted social and traditional media buzz designed to attract top talent. We no longer rely on just being known or doing only traditional passive/active recruiting strategies. To be successful requires the ability to use several strategies and build a consistent presence. By using the tools in social media, like event notification and scheduling, immediate updates, and location check-ins, you not only invite but include your followers in your company’s news, events, and successes, and really form an identity that people will relate to.
As we still rely on the old faithful niche websites, industry associations and event networking, we also look to search “aggregators” {which are search engines} such as Indeed, Simply Hired and JobSniper.
Other sites that can offer recruiters, firms, and prospective employees potential employment profiles are jobfox, Itzbig and My Perfect Gig, which are popular because candidates and employers remain anonymous until there is a firm, mutual interest between the two parties. This creates a venue for the passive candidate to entertain opportunities without having to commit or risk being identified by their current employer as a candidate. For firms, it gives you the means to interact without having to know a specific opening. You can locate and interact with people with specific skill sets, locations, levels of experience, and really see what they are looking for and how it is a match to your firm.
A Look Ahead
At Helios, we are expanding our Candidate stream to LinkedIn, our recruiting team, corporate blog and Twitter. The ability to connect and network through these avenues seems endless. This is the main factor to LinkedIn’s job listing service having tripled in revenue in one year. With industry blogging, we are now able to set up email alerts through RSS feeds which can lead to new and more defined qualified candidate pools.
Social media is ever-changing and it is critical to understand leading trends to stay ahead of the curve. We are hoping that each member of our team could add “Social Media Development Manager” to their title very soon! We will continue to use these methods and others (hence the consultant rears their head for the fee 
to create a searchable and customized database of qualified candidates for our clients. The bottom line is each team knows their industry and corporate needs. Marrying this information to the tools in social media and fostering a team whose main goal is to improve will allow you to form best practices. Being committed to the highest quality in human capital will allow you to unleash the potential of your workforce and gain that competitive edge.
Welcome to the new era of candidate sourcing!
So, what is it that you would like to know? Please let me know what questions you have (general or specific is fine) with regards to getting hired in today’s economy…. and stay tuned for regular updates!