My friend recently announced to me, “I got a job! At a salary of $600 per week!” My response: “Shady”
As you start searching for your first real job, you’ll encounter a lot of shady practices from companies that want to take advantage of you. Most of these are small businesses that want to save money, and are not fully educated in the law.
Let’s start with some basic concepts:
- salary: What you get paid on a monthly or annual basis, regardless of how many hours you work. Examples: $100k annual salary, $7k monthly salary. Most managers and executives fall into this compensation basis, as it gives the company flexibility to pay the employee the same amount each payroll without relation to the actual amount of hours worked. For the employee, that means if you have a Friday 9 am deadline for a presentation and it’s already 7pm on the Thursday, well, you better get crackin!
- wage: This is hourly, and what most employees are paid (for example. $8.50 an hour.) If you work 30 hours this week, you’ll get $255. If you work more than 40 hours in a week, you’ll be subject to overtime laws (1.5 times your standard hourly rate.) Some states also require overtime pay for more than 8 hours worked in a day.
- Federal law is very simple in its wording, but has a lot of gray area in application, as to whom is required to get paid a wage versus a salary. The short of it is that employees who are in managerial or highly-skilled positions can be paid a flat monthly or annual salary regardless of the amount of hours worked. Essentially, these employees are getting paid to do a job, rather than for their time.
What was wrong with my friend’s comment? $600 a week is $15 an hour; that’s an entry-level job. Legally, he would have to be paid for the hours he works, and the overtime rate too! But unfortunately, the small business that gave him the offer was trying to skirt the law.
To complicate matters, my friend declared, “I will get a 1099.” Raise your hand if you know what that is?
- If you are an employee of a company, on your first day, you complete a tax document called a W-4. Then, every time you receive a paycheck, you’ll have taxes taken out for you by the company: Federal, State, FICA, Medicare, possibly some city and county taxes too. That $20/hour job has now given you a paycheck worth only $15/hour. However, being an employee normally gives you many benefits: medical insurance, 401k, paid vacation and sick time, discrimination protections, and, in the event that you lose your job, unemployment benefits from the government. In January, you will receive a W-2 from your company which summarizes the total they paid you in the preceding calendar year, and the totals deducted for each tax agency. A copy of this goes to all of the tax agencies, and this is the document you use to file your annual tax return.
- Where does a 1099 fit in? It doesn’t. A form 1099 has nothing to do with being an employee. A 1099 is a tax form that a company gives to a vendor (that is not a corporation) to summarize the amount paid in the year. For example, Company hires Joe, a sole proprietor, to clean the office once a month, for $200 each month. At the end of the year, Company mails Joe a 1099 which states that Company A paid Joe $2400 in 2013. The company sends a copy of this to the IRS, but does not withhold any taxes. Joe uses this document to file his tax return as a company (in this case, sole prop.)
Essentially, a company can hire contractors to do work for the company, pay a flat hourly rate or rate per job, and give a 1099 as documentation. That’s where the law gets fuzzy: can a company save money by paying someone this flat hourly rate, no overtime, no benefits, and not withholding any taxes? Many small businesses try, but it’s not quite legal.
The distinction is: is the person performing the work treated like an employee, i.e. is he told what to do, how and when to do it, using company equipment? A 1099 consultant, however, uses his own laptop, determines how the work will be done most effectively, and delivers a final product. Because the consultant is essentially a sole proprietor, he most likely has his own business expenses: laptop, cell phone, car mileage, business insurance, etc. Therefore, he charges a higher rate than someone who is essentially doing the same work, but is an employee with benefits and protections working for a company.
Many small business think, “I’m paying you by check with a 1099 at the end of the year! We’re reporting this to the IRS, so it’s legal.” This is actually just one small step above paying someone cash under the table.
That is why my friend’s $15/hour pay, with absolutely no benefits or protections, and all the risks of being his own boss, is shady, and you should be aware of that, too.