Home Improvement Contractor - Licensed Contractors

what are the laws if your working as an independent contractor? i currently work 2 jobs both as an independent contractor...what are the laws for working like this? what if my company does shady stufF? I know i need to pay taxes thats not what i mean, i guess my questions should be "what are my rights as an independent contractor" any one know of any good websites ?

Kentucky Independent Contractor laws? Last year (October 2009) I started working as a I.C. for a taxi cab company as a dispatcher working from my home 5 days a week 12 hours a day for $350.00 a week ( I know that's not much). Anyways I was told I had to work from 8 am to 8 pm every day for this set days. First off that's not a I.C. I know this. Now we are told we must work from the office now doing this dispatching. So that means im no longer at home or anything, plus i have to dress up for this. Now my question is were can i get help to get the pay I should be getting since I am not longer under the Independent Contractor laws?

Independent contractor laws? I am a dog walker who works for company as a contractor (not employee). Is it illegal for my company to prohibit me from working for another dog walking company or starting my own? My boss stated in my interview that she will send a cease and desist notice in case of this ever happening because it is a conflict of interest.

If an independent contractor works in Louisiana for a Texas based company, which state labor laws apply? I am an independent contractor and I was working in Louisiana as a Mineral Title Research Landman for a company that is based in Dallas Texas. I no longer work with this company and they refuse to pay me my last check for the last two weeks of work that I did for them. They claim that I am subject to Texas law and I claim that since we were working in Louisiana, that state's laws apply. Who is right?

Can anyone shed light on Illinois Independent Contractor laws? A company I worked for still hasn't paid me on two deals. They are in the process of being collected on. IN the mean time, another deal I did 3 months ago is finalized, but one of the checks (out of four) that were made out to the company bounced... it came back insufficient funds. The company then called and told me that they'd take it out of the money from the two deals I haven't been paid on yet (like back charged) until they collect... if they dont collect, I don't get paid. I can't seem to think this is legal... as I am an IC and it's a paid per deal agreement and these are all separate deals. It's like a waitress being charged for someone who dines and ditches... it just doesn't happen. Can anyone shed some light on this subject so I can adress the management being somewhat educated? I have since quit the company and I think they are f'ing with me. Any opinions?

Can I pay an independent contractor a flat salary PLUS commission? Can I pay an independent contractor a flat salary PLUS commission? Can an independent contractor be paid a FLAT salary PLUS commission? I need to hire an independent contractor to do some sales for me. How do I need to word the contractor. What are some things I need to be aware of in regards to the laws with independent contractors? I know there is a fine line between independent contractors and employees...I need help!!! P.S. The lawyer did draw up my contract but the salary part is not in there. I can add that myself. But I need to know if salary would still keep him classified as an independent contractor or would that push him over the line to be an employee?

Whats the distentions between employee and independent contractor? Mississippi's laws concerning Independent contractor and employee status.

What are the rights and laws of an independent contractor courier? My mom is a independent contractor courier. The place she works for or under has been giving her way more then she can handle and she tells them she needs a brake and they threaten to fire her. Is there any law to how many hrs a day she can drive. And what are her rights can she tell them no when they call her with a run they seem to let every one else have rest and even take days off on last min notice or atleast they let the guys do but for the women its not the same they have to give1-2 week notice for days they need off even if it is a medical emergency or other family matter. And they run them ragged. Is there any info i can give my mom to help her stand up for herself and her friends. Please let me know THanks

Independent Contractor? My husband works for a company that is employed by Charter Communications. He thinks that this makes him an independent contractor. His boss is making him pay for everything out of his own paycheck. (Social Security, General Liability, Workman's Comp) I need to know if this is how it's suppose to happen and where to go online to look at the laws about this. We live in Georgia. I need to know what all the employer is suppose to pay for. Also he gets paid an additional $$$ amount each week to be the supervisor. Does this make him an employee and not an IC?

What are the latest trends related to Independent Contractor at Law Firms? I need to write an article on the current trends related to IC's at Law Firms. The article is for a newsletter which would be circulated to various HR folks within these Law Firms. The question is related to Law Firms "hiring" IC's themselves.

Independent Contractor Tax Question From NY State? i am working for a film company and will be working part-time in NY State and need to know the tax laws for independent contractors.... the company will not take any taxes out of my salary, so at the end of the year I have to pay all of those taxes myself. I want to know now so that I can put aside this money that I will have to pay back... what is the percent that is taken out of your salary for state, federal, social security and any other taxes?

Zoning laws and hiring independent contractors? I am a music teacher and teach in my home studio. I would like to invite teachers of other instruments to teach in my space while I am not. I would hire them as independent contractors. Does the two-person limit from the zoning restrictions listed below apply to hourly part-time independent contractors? Anything else you think I'm not thinking about? Thanks. "The office of a professional person limited to lawyers, accountants, music teachers and artists, provided that such persons reside on the premises. Not more than two persons other than a resident of the premises shall be employed by such professional person and that not more than 1/2 of the floor area of one story or the basement shall be devoted to such use."

Independent Contractor law? I worked for a company for 3 years as an "independent contractor" this was a part time seasonal job that they had us sign a contract for every year. Documents included acknowledgement of independent contractor and not employee status.....we had to give the company 45 days notice they could fire us with no notice etc. (these docs had to be signed as a condition of employeement) They paid for our flights to different cities, hotels, and food while at work and they paid us a set fee each week. They gave us a schedule of when and where to work.....we used their equipment each week and were supervised by employees of the company. We were given work that if we didn't complete was taken back to the office and given to employees to do. So was I an independent contractor or employee?

independent contractor law? I live in Indiana. I was an independent contractor for a newspaper for five months. My driver's license was suspended and I had to quit without giving 28 days notice The people I was contracted with owe me approximately $800, and are refusing to pay it. Since continuing to drive would cause me to commit an illegal act, is the contract that I had with them enforceable? I have tried peaceful mediation to no avail. Can I sue them in small claims court to recover what is owed? *********************** The monies owed were for work that WAS completed already. They held two weeks worth of pay when I started. My license was suspended because my insurance lapsed by a couple of days. In that time, I hit a deer. Since the accident I have carried appropriate auto insurance. I did not drive intoxicated, under the influence of drugs, etc.

CA Independent Contractor law question? I'll try to be as specific as possible. I applied for and got a "job" with a magazine in southern California. They made me their Sales Manager for all of Orange County. I was and still am impressed with their set-up and magazine in other parts of the state. However, I was told that my salary/pay was 100% commission and that after 60-90 days if I made any sales then a base would be provided. I was required to drive 40 miles one way for 3 days to learn the protocol and how they run this magazine. I have sold ads and worked for a magazine before as an independent contractor several years ago. However, back then I signed paperwork and had a contract. I have signed nothing and no one has asked me to although a copy of my license was taken. So, my question is whether not signing any contract or agreement is lawful. Basically, if I sell something I could get totally screwed out of any commission because nothing was ever brought to the table to sign. I'm already at a loss for about 40 hours and $30 dollars in gas because of having to drive to the place. Does this sound ok? Should I bail? What is your take on this? I am in a position where I can't run around for 3 months or so until I get (if I get), a commission check. We've 2 sons in college now.

Will getting a DBA eliminate the employer-employee issue and allow me to work as an independent contractor? I work 40 hours a week for one employer, but am considered an Independent Contractor by the employer (so that they don't have to pay the taxes). Now the employer is requiring all the independent contractors to "incorporate" individually, ostensibly to protect them from Labor Laws governing employees. If I just file a DBA will that take care of the employer-employee issue and allow me to continue legally as an independent contractor?

what are Florida labor laws governing Independent contractors?

Do worker protection laws apply to independent contractors working at employers facility?

Is my independent contractor agreement valid if I am engaging him in Canada and he lives in Europe? I made sure to include this clause "This Agreement shall be governed and construed in accordance with Alberta law. If any provision in this Agreement is declared illegal or unenforceable, the provision will become void, leaving the remainder of this Agreement in full force and effect." Can the independent contractor be bound by contracts with Alberta Law when he lives in Europe?

question about independent contractors and discrimination laws in california my best friend is/was a piercer at a tattoo shop in sacramento, she's also about 6 months pregnant. today the owner of the shop pulled her into his office and stated that she was being terminated because he doesn't feel she is juggling the pregnancy with work appropriately. basically like he doesn't feel she is able to work there and be pregnant at the same time. i know that if she were an employee that he could not do that, and i'm surprised that he even had the nerve to put it in those words. but being that she's an independent contractor, can he fire her for being pregnant? and what should she do now that he has?

Is an independent contractor in Missouri required, by law, to carry workers comp insurance?

Can you collect California unemployment benefits and work as an independent contractor? My brother-in-law lost his job, is collecting unemployment benefits, and now wants to sell real estate as it is his only employment option at this point. Can he continue to collect benefits if he sells real estate after he began his claim? He would be an independent contractor and not an employee. Thank you.

can you be an independent contractor without a contract? I was hired as an independent contractor (salesman) for a recycling firm, although was treated as and clearly worked as a common law employee. however I never signed an independent contactor agreement. Today, "my position was eleminated due to finances". What, if any are my rights?

Am I an Employee or Independent Contractor? Last january (jan 6,09) i was hired onto my current job. i was told to fill out a w-9 and that I was hired on as basically an independent contractor. so at the end of the year i owe taxes and would get a 1099. however they've been treating me as an employee. and according to my bf's boss (he owns his own business) and all the stuff we have been reading up on california state laws and stuff, the way they have me working i am legally considered an employee, not an independent contractor. they have me working at set designated hours (9-6, m-f). i have to work in the office (they provided the computer, desk, etc). i get paid a set amount at the end of the month, unless i was absent. i can't set my own hours. i cant work from home. wouldn't an independent contractor be able to set their own hours? come into the office when they needed/want? they also wrote out several pages of what my job is and what i needed to be doing. my bf thinks they have mis-classified me in order to get away from paying my taxes and not giving/providing any benefits. the tricky part is...i am paid by one company. and even though i do some accounting and paper work for that company, i really report directly to the boss of another company. the companies are each owned by a different brother. most of my work is for the second company, who is not paying me at all. i have since requested from my boss from the first company (the one that signs my check each month) to send me all documents that i signed when i was first brought on. honestly, all i remember signing when i was first brought on was a w-9 and i gave them a copy of my resume/cv. if everyone is right--the websites, my bf's boss, etc--then i have to report them. which is fine if they are screwing me over. i just dont want to report them if they are in the right. i need to know if i am, by state law, an independent contractor like they are claiming i am, or if i am actually an employee.

how long does an employer have to pay an independent contractor after being terminted in florida? i was an independent contractor and was fired 60 days ago. I still have yet t get paid and am owed about 15,000. i am being given the run around as to who and when i will get paid...... what is the law about this? how long can they hold my money? in florida?

Im an independent contractor in PA and my employer is not paying us regularly-is it legal? I work for a company that is not paying any(about 80) of us for our services. I know we are independent contractors and signed a waiver saying we couldnt sue and cannot recall if there was a schedule for when payment was supposed to be received. As of now they are between 3 to 5 months behind in payments and was wondering if there was a law in PA that stated how much time can go by between paychecks. Thanks!

what happens if an independent contractor is wrongfully or constructively dismissed? Under employment law only those with "employee status" can bring a claim for unfair dismissal. surely there has to be a process whereby an independent contractor who is dismissed unfairly can bring a claim to the ET? any ideas?!

Would it be cheaper overall to work as an independent contractor or to form an LLC and Biz-Biz contract? I am a professional Video/Film editor, but I'm just starting out doing contract work, and I'm unsure whether it'd be cheaper for me to form a company via LLC or INC and file taxes as a business (which would allow me to do business expenses,etc, or to stay an independent contractor having to deduct my own income and SS taxes and all of that jazz. Business law students, lawyers, tax professionals, people in the know, please respond

By law, should independent contractors get overtime pay? My husband is considered an independent contractor by his boss. He works up to 75 hrs a week. Should he get paid time and a half if he works over 40 hrs?

What do you think of the new law in MA against the Independent Contractors? I just hear that the General Att. offices are trying to pass a law that all the independent contractor in MA will have to become employees, will this law really pass? I'm afraid, i'm a courier driver my self and i will lose big if this happens.

Can an independt contractor be paid a FLAT salary PLUS commission? I need to hire an independent contractor to do some sales for me. How do I need to word the contractor. What are some things I need to be aware of in regards to the laws with independent contractors? I know there is a fine line between independent contractors and employees...I need help!!! Can I pay an independent contractor COMMISSION PLUS A FLAT SALARY? OR NO SALARY?

Question about a court case I am now involved in and being an employee versus a independent contractor.? I am involved in a court case involving unpaid commissions for work I performed. I did sign a vague contract while being a w'2 employee concerning my position as a manager. The contract was vague, and is now under question. Im wondering if anyone knows how important the contract might be, given the fact I was in fact an employee and protected by certain laws. The case is in California. Thanks!

Can an independent contractor pay into Social Security? Stupid question, I suppose, but I don't know that much about the tax law. If someone works as an I.C., filing out a W-9, and received a 1099, does one pay into the SS system on his income taxes? Is it required, or is it optional?

Can independent contractors be forced to work at a specific place? The company I work for has said that new laws have passed for independent contractors and that's why they can force us to go to the office to work and tell us when our work day starts and ends. Does this law actually exist? Is there anything that exists that says independent contractors can be forced to work at a specific place and time when such things were not covered in the contract I signed?

Are doctors like surgeons or dentists an agent or independent contractor? I am interested in agency law. Please teach me about that.

Looking for anyone's experience with being re-classified with IRS employee vs independent contractor? Anyone have knowledge of what happens with income taxes after being re classified as an employee from filing an ss-8 with the IRS? Especially with a significant unpaid tax bill. What happened? Were you able to bring suit under ERISA, FLSA, EEOC, etc? I worked for 18 months for an employer as an IC. Employer kept promising they would put me on regular payroll, but never did. Based on their constant promises I never paid my quarterly estimated income tax. I have filed an ss-8 but have not heard anything back from IRS yet. The employer handled dozens of workers this way in order to avoid paying benefits, but all were (by IRS standards) almost certainly common law employees. Any ideas?

I am Independent Contractor working for law firm and I'm paid via 1099. Am I responsible for paying taxes? If so, what are the taxes?

Can a contractor in California with a contractor's license? hire a supervisor as an employee, who does not have a contractor's license, to bid on jobs. Can he use a supervisor, without a contractor's license, as an independent contractor to bid on jobs? I am aware that I can contact the contractors state license board, but I am asking these questions right now hoping someone like an attorney will have knowledge of state licensing laws for contractors, and how readily enforceable they are.

Independent contractor question? If someone hires you as a independent contractor do you by law have to pay them minium wage? You take the job you get paid what I give you. 40 bucks for 9 hours. I know I'm not a contractor I'm a employee but if he wants to be nasty and play those cards I want to know if the law says u can't cheat people it at least needs to be minium wage. Any sites to paying a contractor whould help. I want to be able to show some proof that I say u can't do that. Employers are evil. Soon I will file a IRS ss8 and wage and hour claim Ok thanks for the awnsers. I got many awnsers but let me give more details. The example I got. If someone paid me 40 bucks to wash a car and it takes me 8 hours more, that person is not responsible to pay minium wage. I'm a independent contractor. But in the middle of washing your car you say I have to go to do some running in my car you are washing but I need you to stay here till I get back but I don't know when but if you don't wait you don't get paid the money. Also while I'm washing your car you say you can't take a break and you add more work to the washing car I didn't agree on to get my 40 bucks and you tell me i need to use up the bucket of soap before I leave of stop washing the car for a few and stick around till our baby wakes up or till your done with your lunch that means I'm a employee. Right? The meaning of independent means Im my own boss and I set my own rules but if any employer controls my hours or bosses me I'm employee. Independent contractor deffination.

Independent Contractor Agreements? 1)Law dealing with employment and independent contractor agreements. 2) What does the contract need to include to be properly viewed as an independent contractor agreement and not an employment agreement.

Should I become an independent contractor in Wisconsin? I just moved to Wisconsin and I am working from home for the Company I used to work for in California. Now that I live in Wisconsin, the payroll Company my Company uses is stating that I should work as an independent contractor from Wisconsin. After reviewing the laws, I see that there are certain things that need to be met in order for me to work as a freelancer from Wisconsin. Is there a way I could just keep my mother's address in California for payment purposes and just pay the taxes in Wisconsin at the end of the year? I am so confused I need help please. Thanks. I won't need any benefits since I am just working for them as a favor. I am helping them organize their business, so I guess I would be considered a ´virtual assistant´.

Is there a law that states independent contractors or employees that work for an employer must pay taxes? Why? SERIOUS INQUIRIES: What is the bill/ammendment? For what purposes must we pay taxes and why? Shouldn't it be optional?

Exit interview a requirement of an independent contractor? I am an independent contractor and have recently terminated my services with a particular agency because I was unhappy with the way the agency was treating me. As a contractor I understand my rights and limitations and that I am not elligible for the benefits an employee is, but the trade off is the freedom, independence and control I maintain over my own work. A recent agency for whom I provided services treated me an other contractors as employees. They required attendance at team meetings, supervised every step and process in completion of the work assigned, required regular work hours, etc. If I wanted to be an employee, I would be one, but I like the work I do as an independent contractor. I do not enjoy being treated as an employee and yet be cheated out of employee benefits. Anyway, I terminated mu contract. Now the agency is requiring I participate in an exit interview. I declined based on the busyness of my schedule, the fact that the office is located nearly 2 hours from where I am moving, and the discomfort I feel at being cornered by the agency owner who is somewhat of a bully and is upset that I am terminating my contract. My question is, I am not required to attend this interview as a contractor, correct? She stated in an email to me that I am in fact required and that my claim of my rights as treatment like a contractor only pertains to IRS laws. My understanding is that if you are treated like an employee then by law (according to the IRS) the agency is required to file you as an employee. She seems to believe she is above this law. My only concern is that if I do not go to this exit interview, she will sit on the payment she owes me. I would love some insight, guidance, advice whatever, and any legal statements to back it up so I can reference them to her and let her know that she is in violation of the federal IRS laws. Thanks!

Is the a range of time as an independant contractor make you an employee? I have found that companies misclassify an employee as independent contractors to save money. I have read the common laws about that, but was wondering if there is a time frame that you would work for an employer as an independent contractor that would make you an employer (example: 3 years doing the same thing everyday, getting paid hourly?)

1. Why is it important to distinguish between an employee versus an independent contractor from a tax perspect? 1.Why is it important to distinguish between an employee versus an independent contractor from a tax perspective? A.Misclassification is unimportant and there are no penalties. B.It's has no impact - a decision must simply be made. C.The choice must be decided on the first day the person starts to perform services for the employer so that the employee or independent contractor can estimate their tax bill. D.Employers must withhold income taxes, withhold and pay Social Security and Medicare taxes, and pay unemployment tax on wages paid to an employee 2.Which of the following best describes the three specific types of control that the IRS examines when determining if a person is an Employee or Independent Contractor? A.Behavioral, Finanicial and length of time B.Age, Finanicial, and length of time C.Behavioral, Finanicial, and type of relationship D.Behavioral, Pay Rate, and type of relationship 3.How are the taxes for an Independent Contractor different from those of an Employee? A.Employees' self employment taxes are paid 50% by their employer, whereas Independent Contractors pay 75% of their own self employment taxes. B.There is no difference is the taxes paid. The difference is purely in wage laws. C.Employees' employment taxes are paid 50% by their employer, whereas Independent Contractors pay 100% of their own employment taxes. D.Independent Contractors are subject to a surtax of 35%, where as employees are not. 4.How is this deduction different for a self employed person versus an employee. (hint - where in the taxable income formula does the deduction fall for each- above the line, or below the line? See IRS Pub 17, Page 201 for a discussion of this topic. ) A.Self Employed person deducts 100% of Meals & Entertainment below the line, whereas an Employee takes a 50% deduction below the line, as an itemized deduction. B.Self Employed person deducts 50% of Meals & Entertainment above the line, whereas an Employee takes a 50% deduction below the line, as an itemized deduction. C.Self Employed person deducts 100% of Meals & Entertainment above the line, whereas an Employee takes a 100% deduction below the line, as an itemized deduction. D.Self Employed person deducts 50% of Meal & Entertainment below the line, and an Employee takes a 50% deduction below the line, both as an itemized deduction. 5.What are the two tests that are used to determine the deductibility of Meals & Entertainment? A.Directly related & Associated B.Indirectly related & Associated C.Indirectly related & partially associated D.There is only one test - directly associated test. 6.Which best decribe the basic IRS description of the Home Office deductibility test? Hint review IRS topic 509. A.Regular & Private Business Use B.Frequent & Partial Business Use C.Regular & Exclusive Business Use D.Recurring & Exclusive Business Use 7.What are the 3 general rules for qualifying your home office as a business expense? A.1.The secondary place of business for your trade or business 2.The place where you have your mail sent 3.Must be a separate structure B.1.The secondary place of business for your trade or business 2.The place where you have your mail sent 3.In connection with your trade or business, if you use a separate structure that is not attached to your home C.1.The secondary place of business for your trade or business 2.The place where you meet and deal with your patients, clients, or customers in the normal course of your trade or business; or 3.In connection with your trade or business, if you use a separate structure that is not attached to your home D.1.The principal place of business for your trade or business 2.The place where you meet and deal with your patients, clients, or customers in the normal course of your trade or business; or 3.In connection with your trade or business, if you use a separate structure that is not attached to your home 8.What are 3 expenses that would qualify for home office deduction but would otherwise not be allowed as an itemized deductions. (I.e., Does rent qualify as a deduction? How about Homeowers Association Dues? ) A.Real Estate Taxes, Utilities, Home Owners Associate Dues B.Rent, Utilities, Home Owners Associate Dues C.Mortgage Interest, Real Estate Taxes, Mortgage Insurance D.Rent, Mortgage Interest, Real Estate Taxes

Independent Contractor or Employee? Ok I got hired at a telemarketing business, signed a sheet stating I am working as an independent contractor doing political survey calls, at 8 dollars an hour. First pay period fine no disputes with check or managers of the business. Second week rolls around, they start making up rules that we must have a talk efficiency of 70% for the day or we aren't getting paid in full. Then the managers decide we have to work at certain times of day, i.e. 9 to 5 in order to have the job even though the doors are open 9 am to 9 pm. From there they decide that everyone must work at least 10 hours a pay period to get paid. Finally when checks come out on the designated day, everyone that is supposed to be a private contractor gets paid a small portion of what they had actually earned. And I am talking 30 to 50 people. The managers excuse is that no one had a talk efficiency of 70% even though they posted daily what our efficiency was, and mine everyday was in the 80's. My question really is, am I considered an independent contractor if I am working their specified hours, taking breaks and meal breaks when they specify, using their equipment and workspace, which is only being used for political surveys, and being docked pay for supposed poor performance? Or does this seem more like a employer-employee relationship? Not only this, but the checks don't even add up to minimum wage, and they were hand written business checks (which looked like personal checks). I really need serious answers because this is 30 to 50 people with families that are being scammed if this is the case. The business is run in Wisconsin, since I know there are different state laws. And finally if we are being scammed by this business, what should I do next?

Independent contractor and their customer base... please help? I worked as an indapendant contractor for a company and am no longer working 'for' them. I built up a large customer/client base during that period of time. However, the company is saying that I need to give them my client list of clients that I got while I was "working for them".... and that I can have no contact with those clients anymore. I did speak with my lawyer a few weeks ago and he explained it that when you are an independent contractor or in sales- the clients/customer base you build is yours- not the companies. And that when you leave- you take them with you- the company doesn't get them- since the company never provided you with them when you started- you went out and found them on your own. Anyways, just curious what others opinions are on this- or are there any laws? Anyone familiar with how this works? i did sign a non-compete agreement- but have since terminated it (contacts were all gained before i signed it anyways) This is why they are trying to go after me- people cant seperate business from personal and are trying to go after me anyway they think they can. i was able to get out of the non compete contract because they dont know what they are doing and the agreement was basically a joke.

Tax complications of working as an independent contractor both Federally and in WA state? I live in Washington State. I have been offered a job wherein I would essentially be a full time employee but because it's with an Indian tribe and I'm not an Indian, I have to get paid as an independent contractor. What would be the best way to structure my "business"? I know if I set up as an LLC or S corp I can take advantage of tax laws that allow me to offset income with losses, depreciate assets, etc. But I'm not sure that this would give me any benefit. Here are the pertinent details: I would only have three pieces of equipment used for the job: - My car, worth about $10,000, which I would use to drive back and forth to the work location but would also be used by me personally. The drive would be about 50 miles round trip each day. - My laptop, worth about $700, that is also my computer for personal use. - A cell phone, but probably a very cheap one, that I would also use personally. I will have to pay for my own medical/dental insurance. Startup costs will be nothing. I should never have a "loss" where I spend more money than I bring in. Thanks in advance for your help! The reason I have to be an independent contractor instead of an employee has nothing to do with tax law, it's how my employer gets around the Tribe's policy of only hiring Indians.

When is payment due to an independent contractor? I am an independent contractor for a company doing promotional modeling. The company has not paid me in six weeks (this means I am missing 2 checks.) I am not the only person who has not received their check. The other promo models have not as well. I have not had problems with them in the past, so I am not sure what to do. Does anybody know if the same payroll laws apply to me as it would to an employee? I live in Nevada, and I believe employees are to be paid semi-monthly. I'm trying to look up my rights, but have not found any sold proof that they should have paid me by now. So, if anyone knows...please share your information with me!

Independent contractor - document conversion - How to start? Hello, I was working in another state as a document converter for a law firm. I was an independent contractor and this project sort of just fell in my lap by chance. i was converting documents, renaming them, sorting them, combining them and ocring them. I know my former bosses will give me a high recommendation. The problem is that i recently moved to NY and I have no idea how to contact law firms here, or even present myself so that I can find the same type of employment. What can I do? Step by step? How do i contact them? I am an independent contractor, i don't have a business license so How would i go about finding a job doing the same thing. I know i am good at it, i have all the material and i am very reliable. So Please Help!!! Where do i start.

What do you have to do to put together a class action law suit? I took a job with an insurance company as an independent contractor. We were all promised that after weeks/months of unpaid training we would be be getting a min. guaranteed amount once hitting the field, which never happened. Is there anything that can be done about this?

HELP!Does nebraska law state that a salon employee is entitled to min wage or commission,which ever is higher? i am a hired on employee... not a booth renter or independent contractor. we get payed a commission % for each of our services, plus whatever tips. however some pay periods we dont make nearly what we would had we been payed hourly. is this legal? or should the salon be paying us hourly if our comm. amount doesnt meet hourly wages?

I'm a realtor in NJ but worked a part time job which I have now been let go from - can I collect unemployment? The part time job was at a law firm down the street where I worked for steady income but now they hired someone full-time and they let me go. I've earned commission from real estate last year but obviously not entitled for unemployment from real estate broker because I am an independent contractor and still am but can I collect for this part time job? Obviously if I earn wages from real estate while on unemployment I will notify them for that week.

On what grounds do i have for a law suit and how should i go about filling one? In may of this year i was working for an independent contractor. One thursday night I went to check my bank account before withdrawling cash from an atm and i noticed my paycheck from my boss had bounced causing my bank account to over draft. The next day i talked to him about it and he told me once he got paid on monday from the job we just finished he would make it right and pay the fines and two weeks of pay he now owed me. Well the next day on saturday he was in an accident putting him in the hospital for a month with 2nd and 3rd degree burns. The next day I ended up losing my part time job at Lowe's due to lay off. So all my income was cut off and I was 700$ in the hole. The only way for me to get out of debt was to go to my girlfriends mom. She loaned me the money and wants it back now. She runs her own buisness which i have been working for on the weekends. She still pays me what she owes me. But now I cant get my ex-boss to take or return my calls. Recently a mutual friend of mine and my ex-boss threw him a benifit party at a local restraunt and bar. He is now driving around in a new truck with his buisness signs on it and is back working again. This kind of makes me mad since im stuck working a 40 hour job mon-fri and a 20 hour job mon-fri and then on the weekends for my girlfriends mom. I have also had a lot of car trouble of my own lately so not only have I been in the hole from not getting paid i have credit card bills and other things keeping me in debt. But if I could get the money from him to give to my girlfriends mom I would no longer be obligated to work for her every weekend. Giving me some what of a personal life outside of work. The money in question is about $500 in wages for about 45 hours worth of work over two weeks. $200 of those wages was in a bounced check that led to another $250 worth of fees to my account. It doesn't seem like enough money to go to court for since lawyer fees will be probably more then what im fighting for along with court fees. But Im pretty mad that hes out living it up and im stuck in debt. I know small claims court is an option. But I know nothing about how it works. Also If i go through small claims court I would be in line of about 5 other people in front of me since he owes another worker, a subcontractor and medical bills over his head since he didnt have medical insurance when his accident happened. What is in my best interest? What are my options to sue him for, is it just the 750? And what should I do since I don't realy have and record of the hours i worked for him in the second week other then his word vs mine.

Salary laws in Texas? I am a medical provider employed by a small hospital. I used to work their ER as an independent contractor, but they said the hosiptal would not survive unless I went to the clinic FT. They had issues down there, so I was reluctant, but the adminstrator then begged and begged and I accepted a job that he offered at a contractual 32 hours per week only. BUT they have been calculating my pay at a 40 hour work week, and saying this legal, BUT AGAIN, when I work less than 32 hours a week they take it off and pay me at the 40 hour work week pay rate. This cuts my hourly pay (even though I am salaried) by $11 an hour and I feel they owe me back pay. Can they do this??

Does my employer have to pay for my mileage? I work for a real estate agent in Maryland taking photographs of properties. I'm driving a lot and do not get compensated for my mileage. If I'm on salary, and not an independent contractor, is my boss required by law to compensate me?

Unemployment Law-Can this mystery shopping company do this? I had a mystery shop company tell me they are deactivating me due to unemployment issues, is that legal? They are an independent contractor but I had to report it on my form. Please help.

Sarcastic question for all that support Bush's Foreign Policy? What do you have against sholders. If you let them become independent contractor for Iraq according to current tax law their salary would be tax free-- plus good one's might be able to make ten times what your paying them, and first tax status would compond that. one with Irish, Iraqui, Isreal roots might take over the place. Solders should have been used.

Question regarding payments to independent contractors.? After work is performed, how long does an employer have to make payment to an independent contractor? Can you give me a link to the law supporting this? My wife is a contracted optometrist working for LensCrafters on Saturdays. Due to a payroll error, she did not receive payment on time for one pay period. It has now been 4 weeks since she did the work and still has not been paid. BTW, she works in the state of New York. I say employer because she receives a W-2 not a 1099-MISC. She also gets regular pay checks like an employee would.

what if i havent received my 1099 yet? I worked as an independent contractor. The company I worked for has not sent me my 1099 yet. Isnt there a law that they have to send it by Jan 31? I contacted them and they havent gotten back to me yet. What should I do?

Employer failed to send me a 1099 form. What should I do? I worked as an independent contractor for a small law firm for about 2 months. I don't have copies of my checks or the total amount i earned. They did not send me the 1099 at the end of the year and did not respond to any of my requests to do so. What shoould I do? How do I file my taxes? Is there any way to force the employer to send me that 1099?

What happens if I forget to file my taxes? I have been a law student for the last 3 years and have been studying for the bar all summer--not much time. Plus I work at a law firm as an independent contractor, so I am paid in cash and I'm supposed to report that myself. Does anyone know how the IRS know how much I made? Does my boss have to tell them what he's given me if he can remember? I think its getting kind of late in the year being august and all, so quick help is appreciated.

Can a temp agency hire independent contractors rather than employees &remain exempt from having tobe licensed? New York State law says that a temp agency is exempt from having to be licensed as an employment agency. However, can a temp agency hire independent contractors and still remain exempt from having to be licensed?

IRS Determining "contractor vs employee"? I worked for a company for 15 months as an Independent Contractor. No taxes were taken out and no insurance was offered. In that time, I was treated and represented to everyone inside and outside of the company as an employee. I even had managerial responsibilities. Reading up on the issue, I was definitely 'a common-law employee' I'm looking to hear from others who have successfully challenged their classification - from Contractor to Employees -by filling out the IRS SS-8 form. How long did it take to resolve the issue? How long did it take the IRS to render a verdict? What were your next steps after the IRS ruled in your favor? Was other legal remedies considered to right this wrong? What can I expect? Thank You

Has anyone ever worked for Zaio? It has come to my attention that Zaio has misclassified it's photographers as independent contractors when they should in fact be common law employees! Employees are eligible for unemployment insurance and Zaio should taking out taxes from your paycheck. You can easily contact Zaio directly at 1-800-541-1004

How does an independent contractor file taxes? Is it hard? The court house in my area is hiring (well another company actually) for independent contractors to go to the local court house & look up information and enter it on my computer at home. You get paid so much for each form you enter correctly, so you can do it on your own time & do as much work as you want. You can also do work at more than one county court house. How hard would it be & what would I have to do to figure my own taxes? Would it be the same as someone who owns their own business? My mother-in-law owns her own business & I could ask her if it's the same. Also, I have checked & there are no up front fees and all you need is a way to the court house, typing skills and a home computer. Here's a link to a similar job offer, but not the exact one. http://www.getjob.us/usa-jobs-view/job-posting-17484.html Ok, found the original web site.... https://www.deedcollector.com/overview.aspx

I want to hire one person for phone work...can I do that?? I own my own business and I dont have time to call the leads that come in. I want to hire one person but I need them to be an independent contractor. Are there strick laws on hiring independent contractors?

Why were independent contractors employed as interrogators of detainees? Has it been done in the past? Why were independent contractors employed as interrogators of detainees? Has it been done in the past? Is this usual practice? Is this the future of USA international & domestic law enforcement?

Louisiana Law question - contractor vs employee? If someone hires me to be a party coordinator, am I considered their employee and am therefore covered by their insurance should anything happen, OR am I an independnt contractor, required to provide my own insurance? And if I am indeed an independent contractor, and I have a business license with my parish, ..... if I line up the DJ, the caterer, the bartenders, etc... are they MY employees? If I present the hostess of the party with the bill, she pays me, and I turn around and pay the DJ, etc... are they considered subcontractors? Or are they just individually contracted to the hostess as well, and I would just charge a "finder's fee". ?? PLEASE HELP if you actually KNOW this answer.

Is a non-compete agreement enforceable on an insurance agent who is a independent contractor in the Nevada? I have two contracts stating that I am an independent contractor and not an employee of the agency but the employment contract states that I am forbidden from working for any other agency or company for a period of three years. I looked up the law that states an agreement like this is legal but the law uses the term "employee". In my contract it makes it clear that I am not an employee of the agency. The link to the Nevada law is here: http://leg.state.nv.us/NRS/NRS-613.html#NRS613Sec200 Any help would be greatly appreciated.

What are the laws for an employer to provide health insurance in the State of California? For example how many hours must one work? Is the employer required to provide some sort of plan, is not a contract employee or not an independent contractor?

My most recent employer is trying to register me as and independent contractor to avoid payroll taxes. Help? I quit my job to work for an employer in another state. This employer told me a few weeks ago that he would not recognize me as an employee and instead I will be recognized as an independent contractor, but I was his employee. I filled out a worker determination form and sent it to the IRS. I'm certain the IRS will recognize me as his employee, but it takes 120-140 days. My most recent employer is trying to avoid paying payroll taxes, unemployment insurance onion and social security. I found out a lot of small businesses try to misclassify their workers to avoid paying taxes. Has anyone ever been in this situation. It is a first for me. I thought I was working for a reputable company and found out two weeks before the end of the year it wasn't. My most recent employer tried to get me to complete a 1099. I told him no, I'm your employee. I was fired two days later. What he's doing is breaking the law. I'm applying for unemployment for the first time in my life and my benefit period is with my previous employer. Does leaving one job for another constitute a good reason for quitting another job? I moved and needed to find a job closer to home.

I interpret for a few law offices. How do I market myself as an Independent Spanish Interpreter? I'm an Independent Contractor Spanish Interpreter/Translator in Minnesota. I have excellent qualifications, but it's been difficult to gain clients independently. I'm also an excellent sales person, which my clients will attest. My schedule is very flexible so I'm looking to make money.

Independent Contractor Employed / Driver With a Taxi Cab Company. I lease the taxi cab. Had accident.? The insured driver hit me and, is at fault. She hit me while I was driving the taxi cab. I was not in service at the time of the accident. I did have a passenger in the taxi cab at the time of this accident. Passenger was injured, so was I. I am the driver. The cab company's manager says I have 24 hours for a drug test since I was injured in the accident. Is it law that says I must submit to this drug test within 24 hours of the accident? I am a independent contractor and, I lease this cab and work under this taxi service? Does it matter if I was "In Service" or "Not in Service" at the time of the accident? Thank-you for your answer in this important matter.

labor laws for the state of nevada. can a employer put you on a 1099 and have you work for no wages? can a employer put you on a 1099 and have you work as a independent contractor and work for tips only at a resturant bar

What do I do if employer does not give me my 1099? I worked for a person as an independent contractor. I have not yet received my 1099. I have asked about it and he keeps procrastinating. I need to know exactly how much taxes I need to pay, but what do I do when he refuses to give me the form? I know that other people who work for him are not concerned about getting their 1099s because that way there is no proof that they made any money so in their minds they don't owe taxes, but I am not going to break the law (over a relatively small amount of money). Is there any way to get my employer in trouble with the IRS or anything for failing to give me a 1099 when I have earned more than enough money to be entitled to?? Thank you. He certainly was more like an employer (he is a solo practitioner attorney and I was a law student working for him), but since his office is less than 5 people, he pays everyone as independent contractors to save himself from the difficulty of dealing with witholding. Also, since law students do tend to be workers of limited duration, it is not a big deal. The problem is that he frequently paid cash because his bookkeeper was on maternity leave when I worked there this year. I did make photocopies of all of my timecards, and wrote in how much I earned, but I just feel that it is wrong for him not to give me a 1099, given that he is an attorney (ethics much?) and that he is certainly able to write off every dime he pays me from his own income!!

Can i hire sales people in state of California and only pay them commission, and they work in our office? I want to know what does the law say in regards to employees working in our office as a independent contractor! Is that legal or do we have to pay them as a w2 employee? This is a finance company!!

Are "tips" viewed as employee compensation? I know that a server's tips are "income" under the tax laws. But does the payment of a tip to the person make him/her an "employee" under labor law? I am considering making my restaurant employees into "independent contractors" who will work for other retaurants from time to time.

What policy is served by the law that employers do not have copyright ownership...? in works created by independent contractors (unless there is a writen "work for hire" agreement)?

the common law status in nc, I've lived with my friend for approx 6 yrs, he promised to marry but ex would not 2yrs together, one year apart, he calls me back, I return because of his declining health, he's always been blind in left eye and wore two hearing aides, I've always tried to protect him because of the untrustworthy employees who maniplated him because of his handicap, he's 77 and I'm 61, and we've dated since befor the clinton inaugration. He's also in the early stages of parkinsons desease. I' a licensed practical nurse,and have been giving holistic care and working a weekend job which I lost in june. The son who has the power of attourney negociated with me a fee for nursing care; 25./hr at 12hrs/day while living with his father, he paid me one time then refused to talk to me. the amount paid was 960. as an independent contractor, on 8/13/07 the family arrives unannounced, son, daughter, ex-wife and asks me to leave the home. father in other room sitting in recliner after am care.

Topless in-Home Maid Services in DC/MD and VA? I am interested in pursuing a topless maid service business in Dc, MD and VA. The question is where do I go about finding the laws associated with doing this, and how can I make sure it is 100% legal what I am doing. This is not an escort service, or anything similar. The girls (in pairs of 2 or more) would go to a house and actually clean. Just like the other maid services that are currently out there, but instead they will be topless. I want to incorporate in D.C. but I want to service people in VA and MD also. The question is where can I call to check, and also should I make the girls independent contractors, or actual employees? I already know that I will need potential clients to sign a form/waiver making sure they understand what the service is and isn't, and hopefully that will make them more comfortable with using my service. Any help would be greatly appreciated (who to contact for proper licensing etc...) Oh I forgot to mention, there would be a bodyguard that has to accompany the girls to each one of their assignments. And again, potential clients will have a number of documents to sign.

I am an attorney in Chicago. Do I need to do anything special to call myself "The Law Office of...." Do I need to register my the name somewhere? I file taxes as an independent contractor.

Should we give money to poor ppl? ZAKAAT (Alms) Ramadan is the month of giving and benevolence, the Messenger was more benevolent than a falling rain. Muslims are encouraged to emulate the Messenger of Allah (saas), to assess and pay their Zakaat during the month of Ramadan, thus combining the two pillars of Islam at the same time. Zakaat (alms) is the name of what a believer returns out of his or her wealth to the neediest of Muslims for the sake of the Almighty Allah. It is called Zakaat because the word Zakaat is from Zakaa which means, to increase, purify and bless. Who Should Give Zakaat The obligation of Zakaat is mandatory on every Muslim who possesses the minimum Nisaab, whether the person is man, woman, young, old sane or insane. Because the proof of Zakaat in Al-Qur`an and Sunnah is general and does not exclude young or insane. Allah (SWT) stated that: "Of their goods take alms so that thou mightiest purify and sanctify them..." (Al-Qur`an, 9: 103) Imam Ibn Hazim said that every Muslim young or old sane or insane needs to cleanse his or her wealth with Zakaat because of generality of the evidence. Anas bin Malik reported that the Messenger of Allah (saas) said: "Trade with the money of the orphan, lest it is eaten up by Zakaat." (At-Tabraani) In another Hadith `Amru bin Shuaib related from his grandfather that the Messenger of Allah said: "Whoever is entrusted with money of an orphan should trade with it and should not leave it sitting to be used up by charity." (Tirmidhi) The point of reference in these reports is that the Messenger (saas) urged the trustee on the estate of people who due to age or other reasons cannot manage their own financial affairs, to invest it in a business that will yield a return and make it grow until they are in a position to do so themselves. For, if proper investment is not made with an ophan's inheritance, it will be depleted by charity, thus leaving the orphan with little or nothing. The Nisaab The Lawgiver, Allah has prescribed the minimum amount that is obligatory for Zakaat in different ranges of properties, and that minimum amount is known as nisaab. The reason for nisaab is to ensure that no one is forced to give Zakaat out of what he or she does not have, and that no wealth goes without Zakaat. Nisaab is also an insurance against the tyranny of the state to tax the poor and or the neediest as is the case in many countries. Nisaab is a reference point for the average Muslim who is not sure whether he possesses the minimum wealth on which Zakaat is obligatory. The wealthy need not worry about the Nisaab. Zakaat is obligatory on their entire wealth and must be paid out at the end of financial year that they set for their Zakaat. The Nisaab will not be valid unless it fulfills two conditions: 1) The amount that has reached Nisaab must be the excess or surplus known as "faadil" from one's essential needs such as food, clothing, housing, vehicles, tools and machinery that is used in business. The essentials for living are exempted from Zakaat. Although what constitutes nisaab may change from one country to another, the amount that is needed for the basic needs of living in different countries is very similar, because the market place determines the prices, whether it is an official market or a non-official market. In the poorest countries people do without or live below the poverty standard, and that is why many go hungry or without basic essentials. However, we must realize that Zakaat is an act of worship (ebadah) like Salaat. The element of intention (niyyah) is necessary, and we should not overly rely on state agencies to determine for us the requirements of our religious duty. The so called the "consumption basket" (that is poverty level as determined the social security administration which are updated every fiscal year) may not be the same as what Islam considers minimum Nisaab. In the industrialized countries, the consumption basket may include items that are not necessarily essential, such as entertainment, extra clothing, variety of food, eating in restaurant or eating at home, owning more than one car as opposed to having three cars in the driveway, drinking water as opposed to juices, eating regular food or special "health" food. This is why I believe it is essential that we do not lose site of the fact that Zakaat is ebadah of wealth, like salaat and fasting. Non Muslims may consider all the things mentioned above as essentials while Muslims will not. Indeed, no Muslims in good standing will attempt to hide behind the label of consumption basket so as to evade Zakaat. Nisaab eliminates the possibility of injustice or unfair treatment of the Zakaat payer. To suggest that if we do not follow the rules of International Monetary Fund or the arbitrary figures of social security administration or department of agriculture we will be doing injustice to the Zakaat payer is ludicrous. 2) Nisaab must mature, that is the money is not liable for Zakaat unless it has remained a full year in the possession of a person. This is the understanding of the majority of the scholars. Imam Abu Hanifah (raa) said: "What should be considered is the existence of nisaab at the beginning and the end of the Zakaat year set by the payer". It does not matter if the nisaab money increases or decreases during the calendar year, as we will explain later. This condition does not include farm produce, for it is due on the day it is harvested. Allah (SWT) stated: "... But render the dues that are proper on the day that the harvest is gathered..." (Al-Qur`an, 6: 141) According to Imam Al-`Abadi, (raa) Zakaat money is of two kinds: one that by its nature can not be invested and Zakaat of this category is due on the day of harvest. This includes all the farm produce that is liable for Zakaat. The other is wealth that can be invested in the hope of a good return, like cash, gold or silver, because the opportunity is there that cash in one's hand can be invested for a good return. This includes currency investment, merchandise and livestock. Their Zakaat is not due until they have matured in one full year. The proof of this condition is the Hadith related by Ibn `Umar that the Messenger of Allah (saas) said: "He who acquires property is not liable for Zakaat on it till a year passes." According to Ibn Rushd (raa) this is the understanding of the majority of scholars, including the four rightly guided Khalifahs. Zakaat Of Salaries The condition of yearly term maturity applies to the commodities on which the Lawgiver said Zakaat is due, and this includes silver, gold, modern paper currency and livestock. Paper currency is analogous to silver, therefore, it takes the case of silver. There is no Zakaat on salary, earned income from wage earners or professionals or independent contractors until such money matures in a full year. There is no such thing as paying your Zakaat on the day you receive your paycheck. What the wage earner must know is that he or she can purify that money with charity (sadaqah) anytime they cash the paycheck. Allah (SWT) states: "And in their wealth and possessions (was remembered) the right of the needy, he who asks and he who (for some reason) was prevented (from asking)." (Al-Qur`an, 51: 19). We can deduce from the concept of "yearly maturity" of wealth on which Zakaat is due as encouraging, among other things, saving on the part of the Zakaat payer, and enhances the chances for eradicating poverty, because if the poor receives his rightful share of Zakaat there will be the possibility that he can take Zakaat money and invest it and become a Zakaat payer instead of recipient. This possibility will be lost if he receives few Zakaat dollars every month. To say that the wage earner just brings his check home and spends everything on necessities and lives from check to check with nothing left over means the person is eligible for Zakaat. Using farm produce as analogous to salary for Zakaat is wrong analogy. As Imam Al-`Abadi said, these are two different categories of money. $2, 500.00 cash can be invested by the person and expect a good return whereas it will be difficult to invest a bushel of corn. It can be traded as a commodity, which is what it is. This why we must know that analogy has rules that must be followed before it is applied. Certainly the jurists are unanimous that earned income, known as almal al-mustafadah, should either be added to existing money and wait until that amount reaches maturity and then give their Zakaat; or if there is no money on hand the time one possesses this money, he or she should wait one full year before assessing it for Zakaat. Zakaat is one of the five pillars of Islam and a vital element in the religion of Islam. It is the twin sister of Salaat. In Al-Qur`an, Allah (SWT) stated: "So establish regular Prayer and give regular Alms; and obey the Messenger; that you may receive mercy." (Al-Qur`an, 24: 56) Also, "...Establish regular Prayer and give regular Alms, and loan to Allah a beautiful loan...." (Al-Qur`an, 73: 20) "And they have been commanded no more than this: to worship Allah, offering Him sincere devotion, being true (in faith); to establish regular Prayer and to practice regular charity; and that is the religion right and straight." (Al-Qur`an, 98: 5) In a famous Hadith reported by `Umar Bin Khattab (raa), the Messenger of Allah (saas) responded to Jibreel (as) and said: "... Islam is to testify that there is no deity but Allah and Muhammad is the Messenger of Allah, to perform the prayer, to pay Zakaat, to observe fasting in Ramadan, and to make pilgrimage to the house of Allah if you are able to do os...." (Bukhari, Muslim) There is consensus among Muslim scholars that it is mandatory on every believer who is financially able. Whoever knowingly denies this obligation, while he possesses the minimum amount, would be considered a disbeliever and a renegade from Islam. Whoever is stingy, or tries to cheat, is considered among the wrongdoers. Zakaat is mandatory on four categories of items. 1. Farm produce of seeds and fruits, such as wheat, barley, rice, dates, raisins, cocoa, pistachios, coffee, cashews. Allah (SWT) stated: "O you who believe, give of the good things which you have (honorably) earned, and of the fruits of the earth which We have produced for you..." (Al-Qur`an, 2: 267) Also: "... But render the dues that are proper on the day that the harvest is gathered..." (Al-Qur`an, 6: 141) Thus, these two verses and many others indicate that Zakaat is due on farm products that reached the minimum amount (nisaab). No farm product is liable for Zakaat unless it is a product that is considered as food and can be stocked or saved naturally without refrigeration. If the produce is perishable fruit, such as grapes, there is no Zakaat. But if one sells them they will pay their Zakaat on the profit earned when it matures. The nisaab is 612 kilos, which equals 1,346.40 lb. There is no Zakaat on produce that is less than this amount. If the farm produce or crops grow dependant on rainwater, or without any man's labor or irrigation, Zakaat due is one-tenth of the total. If it is grown by irrigation, then the Zakaat due is half of one-tenth of the total produce. There is no Zakaat on fruits like apples or oranges or vegetables which are perishable and need refrigeration for long storage, but they should be considered as any income if the profit earned from their sale reaches the amount of Zakaat, then Zakaat should be given. 2. Cattle, including camels, cows, sheep and goats, that are freely graze and are raised for trade and production. For Zakaat to be obligatory, the number must reach the nisaab. The nisaab of camels is five, of cows 30, of sheep and goats, 40. By freely grazing is meant the animal goes out to feed without the owner buying or bringing it feed or hay. If it is not a grazing animal, there is no Zakaat in the stock by itself. The stock will, however, be considered as articles of trade, then will be assessed for Zakaat as articles of trade when the profit earned from their sale reaches the amount by itself or in combination with other articles of the trade. 3. Merchandise and goods of trade and commerce. This includes anything that is obtained for the business of buying and selling: land, animals, food provisions, fabric, cars, spare parts, etc. This inventory is evaluated annually and assessed for Zakaat, whether the value is the same as the amount spent on it, more, or less. The owners of grocery stores, like any other business, must evaluate every item and give their Zakaat. Simple bookkeeping of inventory, orders, cash on hand, and credits, that is non-delinquent loans, will give one a good picture of the zakaatable assets. But if one is unable to account for everything in the store or shop, he should assess it according to his ability until he is sure that his conscience is clear. There is no Zakaat on what is within one's dwelling or property which includes food, drinks, furniture, houses, animals, cars, clothes and shoes. The only exception is gold and silver. There is no Zakaat on assets from rentals or lease, whether they are apartment units, taxi cabs, etc. That is, there is no Zakaat on the apartment units, buses or cars for rental like yellow cabs company or trucks for rental or equipments. But there is Zakaat on the proceeds or incomes from these rental assets if these assets reach the executable amount, either by themselves or in combination with other assets. Business Activities Many scholars are of the opinion that any business activity that brings any return to the entrepreneur or investor should be assessed for Zakaat. If the activity has a prescribed nisaab, such as gold, silver or paper currency, that nisaab is applied for Zakaat. But if the business has no declared nisaab, its nisaab is the nisaab of commerce, one reason being that most business activities are considered as commerce and because, in actual fact, it is not factitious business name, such as GM, Apple or GE that is taxed for Zakaat, it is the individual investor. We do not tax cooperations such IBM, Apple, GM or Rajihy Bank but the individual investors, share holders and owners of these corporations. Indeed, there are enough rules in Zakaat books to cover all types of business activity, be it cash or risk investment. If the business activity is analogous to commerce, it should be assessed the same rate as commerce. To subject the business to a different Zakaat rate of 10%, which is the rate of farm products instead of its correct rate of 2.5%, the rate of commerce, is unfair and unjustified. Besides, there is no proof, even a weak one, to justify this unfair arbitrary taxation. The difference between 2.5% and 10% is high. The Zakaat system is not like a state revenue collection, but Allah's `ebadah. However, if a business person decides to give more than 2.5% after deducting all the expenses including depreciation, Allah (SWT) will accept it from him. 4. Gold and silver, whether used for commerce or jewelry. Allah (SWT) states: "...And there are those who bury gold and silver and spend it not in the way of Allah: announce unto them a most grievous penalty. On the day when heat will be produced out of that (wealth) in the fire of hell, and with it will be branded their foreheads, their flanks and their backs. This is the (treasure) which you buried for yourselves: taste you, then, the (treasures) you buried." (Al-Qur`an, 9: 34-35). By hoarding is meant refusal to give it in the path of Allah, which includes Zakaat. In a hadith reported by Abu Hurairah (raa), the Messenger of Allah (saas) said: "For the owner or possessor of gold and silver who does not fulfill its obligation, on the Day of Resurrection it will be cast into sheets of fire and be branded on his forehead, side and back. Whenever it cools it is to be repeated for him in a day whose length is the length of fifty thousand years, until the judgement is rendered among the people." (Muslim). By its obligation is meant assessing it for Zakaat. In another version: "No possessor of a treasure who does not give its Zakaat." Zakaat is mandatory in gold and silver, irrespective of its form: in coins, raw or nugget, or jewelry for wearing, or for rent, because of the generality of evidence of Zakaat without any detail. In a report by Abdullah bin `Amr bin `Aas (raa), he related that a woman came to the Messenger of Allah with her daughter. On the daughter's wrist were two heavy gold bracelets. The Messenger asked her, "Do you pay Zakaat on this?" She replied, "No." The Messenger said: "Would it please you that Allah will encircle you with two bracelets of fire?" The reporter commented that she took them off and threw them down in front of the Messenger, and said: "They are for Allah and his Messenger." (Ahmed, Tirmidhi). The Messenger's wife reported that: "The Messenger entered into my house and saw in my hand a huge ring made of silver, so he asked, `What is this?' I replied, `I made them to beautify myself for you, O Messenger of Allah.' He inquired, `Do you give their Zakaat?' I said, `No,' or `Allah willing.' He said: `It will suffice you in the hellfire.'" (Abu Dawuud). Zakaat is due on gold when it reaches the amount of (nisaab), which is 20 Dinaar. According to a hadith, the Messenger said: "No Zakaat on you is due until it reaches 20 dinaar." (Abu Dawud) The Islamic dinaar (currency) is one mithqal, a unit of weight which weighs four and one quarter of a gram. Thus, the nisaab is 85 grams. This is equal to $30.00 US dollars. Similarly, there is no Zakaat on silver until it reaches five oqiyah, because the Messenger said: "There is no Zakaat on less then five oqiyah." (Muslim/Bukhari) Oqiyah is equal to forty Islamic dirhams. The nisaab is 200 dirhams. One dirham is equivalent to 595 grams. The zakaatable amount in both the gold and silver is a quarter of a tenth only. Paper Currency There is Zakaat on modern paper currency because it is equivalent to silver. During the early days of Islam, silver and gold were the currency of exchange minted into dirham for silver and dinaar for gold. Silver, not gold, had a larger circulation. Thus many scholars are of opinion that silver should be the standard for the paper currencies of today because that is more advantageous to the Zakaat payer, as it raises the minimum nisaab whereas gold lowers it. Although both metals are no longer circulated, they are still considered as a security against ever fluctuating paper money. Silver should be used as a standard to assess Zakaat annually, not paper currency, even if the currency is hard currency like the US dollar, Yen and Deutch Mark or Pound Sterling. Because these currencies are backed by political decisions that may not have anything to do with the economy, the value and strength of this paper money depends largely on all haram usury system of interest rates. Thus, the Zakaat payer should look up in the local newspaper's financial or business section for the price of silver which is currently about $3.82. per ounce. The nisaab, then, is 596 x .04=28.80 ounce multiplied by$3.82= 90.91. therefore. The nisaab is about $100.00, as of December 17, 1991. The nisaab should be based on the market value of the currency. If the money is hard currency, there will be no problem, but if the money is a non-marketable currency, like most currencies in the third world countries, the nisaab should be based on the black market, which realistically reflects the value of the currency on the money market. In any case, the silver rate should be used to assess the Zakaat. If the nisaab is determined, the zakaatable amount is 2.5%, or .025 multiplied by the amount. For instance, if the zakaatable amount is $56,000.00 it will be 56,000. x .025 = $1,400.00. Zakaat is due on gold, silver, and or paper currency, whether it is cash in hand or credit in the hands of borrowers. Zakaat is due on debts or cost of merchandize or rental money. If the borrower is a wealthy person that you know will pay back the debt, the lender (that is Halaal lending free of usury) should include that money in the assessment and give its Zakaat. However, one can delay Zakaat on a loan until he receives payment, then return its Zakaat for the past years that he was unable to assess for Zakaat. If the borrower is poor or is refusing to pay the debt, there will be no Zakaat on the money until the lender receives the money. Then he will assess it for Zakaat of one past due year, but there will be no Zakaat in the years before that. There is no Zakaat on precious stones such as diamonds, or metals such uranium, regardless of their value. Gold and silver, of course are assessed for Zakaat. However, if a person possesses any of these stones or metals, he should give their Zakaat like any other articles of trade. If a person possesses diamonds or any other precious stones as an edge against inflation or for ornaments, there will no Zakaat on these. How To Give Zakaat Zakaat may be assessed and returned in two ways: a) Make a record of all money earned, either daily or monthly, which has reached the nisaab and remains in the treasury. The Zakaat of that money would be due one year later on the same day the money was earned and reached nisaab. This means every month's income must be set aside and assessed for Zakaat and so will be the case for the rest of the months. For instance, the income of January, 1991 will be assessed for Zakaat in January, 1992, and the income of February, 1991 will be assessed for Zakaat in February 1992, etc. This method of assessing Zakaat is very difficult because it entails complete bookkeeping of daily or monthly earnings. b) The best way is to set a day or a month, preferably Ramadan, for your annual Zakaat return calendar, say Ramadan 1st, 1412. One year later on the same day Ramadan, 1413, your Zakaat is due and payable. Whatever is in the savings is due for Zakaat, regardless of whether all the amount in the savings reaches a year or not. For instance: if you have $20,000.00 in the savings account on the 1st of Ramadan, 1412 and one year later by the 1st of Ramadan, 1413 there is $50, 000.00, your Zakaat will be assessed for $50,000.00, that is: $50.000.00 x .025= $1,250.00. If, on the other hand, by the 1st of Ramadan, 1413 the amount in the savings is $15,000.00, your Zakaat will be for the amount in the savings, that is $15,000.00 x .025= $375.00. This method is the best because it is easy to assess, meets one's obligation and relieve one's conscience. The Recipient Of Zakaat Knowing who qualifies as recipient of Zakaat is an important aspect of Zakaat collection in Islam. Fortunately, Allah (SWT) has been merciful to us in that He Himself spelled out the people eligible to receive Zakaat. In Surah Tawbah He stated: "Alms are for the poor and the needy; and those employed to administer (the funds); for those whose hearts have been (recently) reconciled (to truth); for those in bondage and in debt; in the cause of Allah; and for the wayfarer: (thus is it) ordained by Allah, and Allah is full of knowledge and wisdom." (Al-Qur`an, 9: 60) In this verse Allah enumerated the people who deserve this divine welfare, and they are as follows: The poor and the needy. These are individuals, and those under their care, to live on. By the poor and needy is meant the people whose income or salaries, or whatever material goods they have, fall short of the cost of living in a given environment and economy. The poor and the needy should be given what will suffice them and their families for one full year. The needy who want to get married and have no means should be given enough for this purpose, and so, too, the student who needs money for tuition, rent, food, and books. The working poor should be given supplementary Zakaat. But the wealthy, or any person with enough income to live on should not be given Zakaat, even if they asked for it. Instead, they should be warned and admonished for asking for what does not belong to them. In a hadith reported by Abdullah bin `Umar, the Messenger of Allah (saas) stated: "A man keeps on asking others for something till he comes on the day of Resurrection without any piece of flesh on his face." (Bukhari/Muslim). This hadith indicates a humiliating appearance before Allah (SWT) that awaits a person who asks illegally. Some said: this hadith implies Allah will punish a person with the very limb, the face, that he used to impress on others to give him their money unlawfully. In another hadith reported by Abu Hurairah, the Messenger of Allah said: "Whoever asks people for their money so as to get rich, he is asking for flames of fire. It is up to him to ask for more or less (he should beware)." (Muslim) This hadith indicates the severity of the punishment, the more one asks the more punishment, the less one asks the less the punishment. In another hadith, reported by Hakeem bin Hizaam said: I begged the Messenger of Allah and he gave me. I begged again, and he gave me. I begged again and he gave me. He then said: "This money is green and sweet; he who receives it from people with a cheerful heart, Allah will bless him in it; he who receives it, with an avaricious mind would not be blessed in it. He will be like the person who eats without being satisfied; and the upper hand is better than the lower hand" (Muslim) This hadith gave an analogy between money and green, ripened fruit that people love to eat. Thus, it indicates that both are greatly loved but easily finished. For money that is easy come easy go, one must be careful about the punishment that awaits the illegal eater. If a person asks for Zakaat and there are no signs of wealth, and he does not know that he should not ask, or a person who is well and able, who can work, but does not; if these people do not know that it is not permissible for them to ask, it may be given anyway. In a hadith reported by Ahmed, Abu Dawud, and Nasa'e, two men came to the Messenger of Allah (saas) and asked for Zakaat. He looked at them closely and found them strong and able, he said, "If you want I will give you. But you should know that the wealthy or an able person who can work has no share in Zakaat" (Ahmad) Those who administer the Zakaat department, assigning people for collecting, bookkeeping, making lists of people eligible for Zakaat, and a financial calendar. These people will receive Zakaat as compensation for their work, even if they are wealthy. This does not include a person who works as an agent for one or two wealthy people to take Zakaat for himself. They should donate their time for Zakaat disbursement and do it with honesty and truthfulness. If they can not, they should be paid or rewarded for their time. In a hadith related by Abu Musa Al-Ashi`ari (raa), the Messenger of Allah said: "A trustworthy Muslim executor is the one who executes completely what has been entrusted to him of Zakaat money in good faith." (Bukhari) That is, he will give the Zakaat money to any of the eligible recipients of Zakaat. He should carry on the duty voluntarily, but if he can not distribute the money without being paid, the Zakaat payer should pay him for his work. The payment for the service of distributing Zakaat should not come out of Zakaat money. The new converts to Islam whose hearts we want to harmonize into the fold of Islam, either because their faith is weak or we are afraid of their being harmed, should be given Zakaat to strengthen their Iman or until we no longer fear their harm. The bonds person who has contracted with his master to buy himself out of bondage deserve Zakaat and should be given enough to pay off their debt to the master and be freed themselves; similarly, Muslim prisoners of war if their freedom is tied to monetary payment, deserve Zakaat sufficient enough to secure their release. On the other hand, if a pearson accidently killed someone and have no means to pay off the blood money, he should be helped from Zakaat funds. The people in debt are of two kinds: (A) The guarantor, who takes the responsibility of someone else's debt so as to reconcile the two warring parties, to extinguish the fire of fitnah between them. If the person requests Zakaat money to pay off this debt he should be given it, which will encourage him to continue in this noble cause. In a hadith reported by Qubaysah Al-Hilaaly (raa), he said I was under debt (hamaalah) and I came to the Messenger (saas) and begged him to help me pay it off. The Messenger told him: "Wait until we receive charity, so we will command that it be given to you." However, the Messenger stated: "O Qubaysah, begging is not permitted except for one of three categories of people: A man who has incurred debt (as guarantor to reconcile blood wit) for him begging is permissible till he pays that off, after which he must stop it; a man whose property has been destroyed by calamity which has smitten him; for him begging is permissible till he gets what will support life or will provide him reasonable subsistence; and a man who has been smitten by poverty, the genuineness of which should be confirmed by three knowledgeable members of his people; for him begging is permissible till he gets what will support him, or will provide him subsistence. Besides these three, Qubaysah, begging is forbidden for every other persons, and one who engages in such consumes that which is forbidden." (Muslim) (B) Whoever incurs debt and has no money to pay it back will be given from Zakaat to help pay his debt, whether the amount is large or small; or his creditor should be paid directly on his behalf, so long as it is paid off. Zakaat can be given in the path of Allah. By this is meant to finance a Jihad effort in the path of Allah, not for Jihad for other reasons. The fighter (mujahid) will be given as salary what will be enough for him. If he needs to buy arms or some other supplies related to the war effort, Zakaat money should be used provided the effort is to raise the banner of Islam. The wayfarer. This is the traveller who in a strange land runs out of money. He or she deserves Zakaat, enough money to take him back to his country, even if he is wealthy and can find someone to loan him the money. On his part, he should take with him on his trip sufficient money, if he is wealthy, so that he will not need Zakaat. Zakaat money can not be used to pay off other obligations, such as giving Zakaat money to people you are obligated to take care of by law; or Zakaat money can not be used to pay for hotel and food expenses. It is, however, permissible to give Zakaat to a wife or family member, provided it is not part of their daily living expense money, but is needed to pay off a debt for one's wife if she can not pay it. So is the case for one's parents if they can not pay their debt. Zakaat money may be given to members of the family for their expenses if one is not obligated to take care of them financially. The wife can pay off a debt of her husband with Zakaat money, because he may be among the eight eligible recipients and she is not obligated to spend on him as he is on her. The eight eligible recipients of Zakaat can be denied their right to Zakaat without proof from Al-Qur`an or Sunnah. In a hadith reported by Ibn Mas`ud, his wife Zaynab heard the Messenger of Allah order women to give Zakaat, so she asked the Messenger (saas): " O Messenger of Allah, you commanded us to give Zakaat, and I have jewelry that I wanted to assess for Zakaat, but my husband Abdullah bin Mas`ud claimed that his son deserves it more than anyone." The Messenger replied: Your husband Ibn Mas`ud is right. Your son deserves your charity more than anyone." In another hadith reported by Salman bin `Aamir, he said the Messenger of Allah said: " Charity to the poor is only charity, but charity to the rest of kind is charity and maintenance of relations (sillah)." (Nisaee) No loan should be written off as Zakaat because Zakaat is taken and given. Allah (SWT) said: "Of their goods take alms...." (Al-Qur`an, 9: 103) And in a Hadith the Messenger has been reported as saying: "Allah has mandated on you Zakaat to be taken from the wealthy and to be given to the poor." Thus, writing off debt is not taken. For instance, If you loan a person money, you can not write off that loan as a Zakaat. However, it could be written off as sadaqah charity. Furthermore, loan, delinquent or not, is considered an absent money, therefore, it should not be transacted in Zakaat. for Zakaat is assessed only in cash in hand. Besides, debt money is valued less than cash in the hand, and using that money for alms is like exchanging good money for bad. The assessor of alms should try to give his Zakaat to an eligible person, but if he makes a mistake and gives it to an ineligible person it is accepted. In a hadith related by Abu Hurairah, he said the Messenger said: "A man expressed his intention to give charity, so he came with his charity and placed it in the hand of an adulteress. In the morning the people were talking and saying charity was given to an adulteress last night. The donor said: O Allah, to thee be the Praise - charity to an adulteress! He then again expressed his intention to give charity, so he went out with it and placed it in the hand of a rich person. In the morning the people were talking and saying charity was given to a rich person. The donor said, O Allah to You be the praise - charity to a rich man! He then expressed his intention to give charity, so he went out with his charity and placed it in the hand of a thief. In the morning the people were talking and saying charity to the thief. So the man said, O Allah to You be the praise (what a misfortune that charity has been given) to the adulteress, the rich and the thief! Then someone came to him and told him your charity has been accepted. As for the adulteress the charity might become the means whereby she might restrain from fornication. The rich man might perhaps learn a lesson and spend from what Allah has given him, and the thief might thereby restrain from committing theft. (Muslim/ Bukhari) http://www.islamfortoday.com/beliefs.htm

Need help finding an attorney? Heres the deal, my employer is withholding my wages illegaly. He has also classified all of his employees as independent contractors when I think we should be employees. So he is not paying any or our taxes such as social security, or federal, he isnt paying us over time, holiday pay, nothing. After extensive reading or AZ laws and lobor regulations I really do feel that he is in the wrong. Now I just spent my little nest egg on Christmas, and birthdays. I have no money, and my boss is withholding my next paycheck that i was going to use to pay my rent. I have no money to put down on an attorney. I will be glad to sign something stating that they will recieve a portion of my winnings, but I can not find anyone willing to do such. I feel that I must also add that my credit isnt great because of recent deployments to Afganistan and Iraq.

Is this restrictive covenant valid and enforcable under Michigan law? "Corporation and its staff, including subcontractors, during the term of their relationship with Corporation, shall not, directly or indirectly through any person, firm or company which is affiliated in any manner with Corporation, without the prior written consent of ABC during or within twelve (12) months after the termination of this Agreement, solicit or provide the contract programming or the software consulting business of any of ABC's clients to whom Corporation employees were assigned through ABC during the term of this Agreement." Situation There is an independent contractor agreement between Corporation which is a GA corp. and ABC which is a MI corp. Corporation provides an IT consultant to ABC that provides the same resource to DEF company which is a CA corp. that further provides the same resource to a GHI company for a project in Mexico where the work is being performed. If GHI company approached Corporation to provide the resource directly. Any problems here?