The Final Rule on Independent Contractors
Gordon Law • May 17, 2024
On January 10, 2024, the Department of Labor (DOL) released its Final Rule on Independent Contractors (Final Rule). This rule is intended to provide guidance to businesses who engage independent contractors. However, the rule follows the trend from some states to determine that most workers are, in fact, employees and not independent contractors.
The Final Rule applies a six-factor test and does not concentrate on any particular factor(s). Instead, the Final Rule focuses on an individual’s activity as a whole to determine whether such an individual is an independent contractor. This “totality-of-the-circumstances” approach involves the following factors: (1) the worker’s opportunity for profit or loss; (2) investments by the parties; (3) the work relationship’s permanency; (4) the nature and degree of control over the work; (5) whether the work is an integral part of the employer’s business; and (6) the worker’s skill and initiative.
The DOL has stated, “[E]conomic dependence is the ultimate inquiry for determining whether a worker is an independent contractor or an employee.” Thus, independent contractors who perform substantially off of their work for one business are more likely to be economically dependent on that business and should be classified as employees.
To add further confusion, the Final Rule standard is different and does not supersede the IRS standard that only takes into account three factors: (1) behavioral control; (2) financial control; and the type of ownership. Additionally, the Final Rule does not supersede Nevada law that has an entirely different structure.
Under Nevada law, NRS 608 et seq., workers in Nevada are treated as independent contractors, rather than employees, if they fall within one of three categories:
- The first category captures workers who have applied for a federal employer tax identification number or Social Security number, or has filed a federal income tax return for a business or earnings for self-employment, in the previous year.
- The second category applies to people working under a contract that requires them to hold a state or local business license and to maintain any necessary occupational license, insurance, or bonding for the term of the contract and meet at least three of following criteria:
- The worker has control and discretion over the means and manner of performance of the work.
- The worker has control over the time the work is performed, unless agreed to in the contract.
- The worker is not required to work solely for one employer, unless required by law or agreed to in a written contract with a limited term.
- The worker is free to hire employees to assist with the work.
- The worker has invested in the worker’s own business.
Although it is not required, having a written independent contractor agreement that properly sets forth criteria under federal and state law can help to ensure that your business does not misclassify an employee as an independent contractor. Misclassification can significantly damage your business with the imposition of criminal penalties; civil penalties and liability for back wages.
Gordon Law can help you to ensure you have the proper classification and documentation.
This article is written by Amanda Brookhyser, attorney at Brownstein Hyatt Farber Schreck, LLP .
The holidays are all about giving, joy, and creating unforgettable memories and Tivoli Village is the perfect place to do just that! This December, we’re thrilled to host two incredible events that bring our community together in the spirit of generosity and celebration: Toys for Tots. Mark your calendars and join us for these heartwarming experiences! On Friday, December 12, from 4:30 PM to 7:00 PM, Gunny Bear is all “wrapped up” in the holiday spirit, and we invite you to join him in spreading hope and joy to children in need. This magical evening will be filled with festive fun, including live music to set the holiday mood, photos with Santa for the perfect seasonal keepsake, and a chance to meet the UNLV Rebel Hockey Team along with members of the Marine Corps. Bring a new, unwrapped toy to donate and help light up the holidays for families in need. As a thank-you for your generosity, you’ll receive $5 off a UNLV Rebel Hockey ticket, a little extra cheer for your holiday season! Don’t miss this opportunity to give back while enjoying music, community, and the magic of the holidays at Tivoli Village. Tivoli Village is a captivating blend of European elegance and contemporary lifestyle, where every moment becomes a celebration. From dancing in the streets with loved ones to exclusive events in The Piazza with friends and family, we curate an unrivaled experience. Discover our carefully selected retailers, ranging from luxurious brands to one-of-a-kind boutiques, anchored by Restoration Hardware’s RH Las Vegas. Indulge yourself in enticing restaurants for a girls’ night out at Echo & Rig Butcher and Steakhouse, savor late-night drinks and cigars with the boys at La Casa, or work out at Tivoli Village’s exclusive upscale members-only gym, Kilo Club. For more information, visit https://tivolivillagelv.com or follow along on Instagram and Facebook.
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Quick Summary Online banking security is crucial as cyber threats grow. Top threats include spoofing, malware, public Wi-Fi risks, and weak passwords. CCCU shares essential tips on how to protect your finances. In today’s fast-paced digital world, online banking security is more important than ever. While digital banking offers unmatched convenience, staying vigilant ensures a safe and secure banking experience. Here are the top four online banking security threats and tips to avoid them: 1. Spoofing Scams Spoofing happens when fraudsters manipulate caller IDs, email addresses, or websites to appear as legitimate companies. Their goal is to steal your bank information by asking you to click links or answer questions pertaining to your bank account or login credentials. Tip: If in doubt, directly reach out to your financial institution using their official contact details. 2. Malware and Viruses Malware can infect devices, putting your personal and financial data at risk. Cybercriminals often use malicious software to steal banking details and exploit sensitive data for their own gain. Tip: Regularly update your devices and install trusted antivirus and anti-malware software. Older devices may not accept current updates, making them a risk. 3. Public Wi-Fi Vulnerabilities Public Wi-Fi networks are often unsecured, making it easy for hackers to intercept data. Tip: Never access your online banking account on public Wi-Fi. Use a secure, private network or a virtual private network (VPN). 4. Weak or Reused Passwords Using simple or reused passwords increases the risk of unauthorized access to personal and financial accounts. Tip: Create strong, unique passwords for each account. Use a combination of upper and lowercase letters, numbers, and symbols. Additional Safety Tips: Enable multifactor authentication (MFA) for extra security. Download banking apps from verified sources only. Monitor your accounts regularly for suspicious activity and set up account alerts. Log out after every session, especially on shared devices. Conclusion Protecting your online banking security starts with staying informed and proactive. Remember that knowledge is key to safeguarding your finances, so always verify unexpected messages or calls and think twice before clicking any links. CCCU offers resources to help you fight fraud and scammers; visit www.ccculv.org/Fraud-Protection or call us at 702-228-2228 to report any fraudulent transactions.
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Quick Answer To get a business loan in Southern Nevada, prepare strong financial documents, maintain good credit, and present a solid business plan. CCCU shares a step-by-step guide to help business owners navigate the business loan application process in Southern Nevada. Securing a business loan in Las Vegas can be a game-changer for business owners looking to grow or expand their operations. Whether you’re purchasing equipment or buying a building, understanding how to apply for a business loan is key to securing the funding you need. Step 1: Check Your Credit Score Lenders assess your personal and business credit to determine your reliability. A strong credit score (typically 680 or higher) improves approval odds and can secure better loan terms and lower interest rates. Check out Nerd Wallet’s article to learn how to get and build a business credit score . Step 2: Prepare Financial Documents Having well-organized financial records is essential when applying for a business loan. Before meeting with a lender, prepare necessary documents to demonstrate financial stability and ensure a smooth approval process. Tax returns (personal & business) Profit & loss statements Balance sheets Bank statements Step 3: Develop a Solid Business Plan A clear, well-structured business plan helps lenders understand how you will use the funds and repay the loan. A strong plan improves your chances of approval and should include: Revenue projections Growth strategy Market analysis The Small Business Administration also shares important tips on how to write a business plan . Step 4: Determine the Right Loan Type Understanding which loan best fits your business needs can simplify and focus the application process. Common business loan options include: Term Loans – Best for large, one-time expenses. Lines of Credit – Ideal for managing short-term cash flow. SBA Loans – Government-backed loans with lower interest rates. Step 5: Work with a Trusted Lender CCCU has an experienced commercial lending team that has helped many Las Vegas business owners secure the funding they need to grow. A longtime CCCU member and business owner, Ben C., an Internal Medicine Physician with Calderon Medical Group said, “Daniel R. and Rosy N., along with the whole team, continue to patiently guide us every step of the way. CCCU has been instrumental in our growth and expansion of services. They have afforded us not only the necessary funds but also the peace of mind that someone is here to support our needs.” Conclusion Applying for a business loan in Southern Nevada requires preparation, strong financial documents, maintaining a good credit history, and working with a lender that understands your business goals. If you’re ready to take your business to the next level, CCCU can help guide you through the process. Contact our commercial team to explore your financing options. Visit www.CCCULV.org or call 702-228-2228 to learn more.