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Changing employees to contractors

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kinkzsalon

Junior Member
I am in Florida. I own a hair salon. All our commissioned employees are currently on W-2. I need to change them to W-9/1099. What procedure/s do I need to go through to do that, legally? Can I just tell them one day that starting the next pay period, I have to let you start paying your own taxes? Or do I need to give them a notice?What is the name of your state (only U.S. law)?
 


HomeGuru

Senior Member
I am in Florida. I own a hair salon. All our commissioned employees are currently on W-2. I need to change them to W-9/1099. What procedure/s do I need to go through to do that, legally? Can I just tell them one day that starting the next pay period, I have to let you start paying your own taxes? Or do I need to give them a notice?What is the name of your state (only U.S. law)?
**A: when you asked the state dept. of labor those questions, what did they tell you?
 

kinkzsalon

Junior Member
DOL answer

I looked up the dol.gov website and tried to find an answer there and could not. I then clicked "contact us" and called their 1-866-487-2365 number and they referred me to our local office. When I called them, it was all just a long message. It asks for prompts to direct you to certain areas, but it doesn't connect you to anyone. It just has a recorded message giving answers (to questions other than mine). It mentioned a number to call to the federal office and I did and he referred me back to that recorded message. He told me to press 7, then 5 and it put me into a voice mail box. I was told by the guy at the federal office that if I do not hear back from then within 3 days, then to call him back and he would forward my question to them.
Pretty "round-about" and very vague.
I'm just trying to get an answer so I don't get in trouble. I need to do something at work to save our business, but don't want to do anything illegal. I need to know the proper procedure on how to make the switch because our staff is angry and they say what we did was illegal. All we did was hold a meeting, tell them that they have to start paying their own payroll taxes and be on a W-9 and receive a 1099 at the end of the year. So they are now not employees, they are contractors. They think they should have had more time to be warned. (I guess so they can find another job, or quit so they can receive unemployement benefits).
 

FlyingRon

Senior Member
You can ask the feds to make a determination for you on an SS-8 form.
By the way a W-9 is just a request for SSN/declaration of backup withholding status, it is not a replacement for a W-2.

Chances are you may not be eligible to do this no matter how you go about it.

Do your stylists work on your premises? Do you schedule them and provide the clients? Do you make the rules as to who is responsible for supplies, etc..? What level of control do you provide over how they work in your business? Who owns the chairs and other facilities invovled?
 

kinkzsalon

Junior Member
We own the chairs, stations, mirrors, lights, sinks, overhead dryers, wash the towels, provide all backbar, color, styling products. We do tell them they must arrive 15 min before each scheduled appt. We do advertise/market and assign new clients to them, schedule their clients who call in, set pricing, etc...Because they were our employee. Now we (my husband and I) know that since they are now contractors, we cannot tell them to follow our rules anymore. But we wanted everything else to stay the same. We are not asking them to become renters.
If they want to rent, we will have them bring in their own color, products, schedule their own clients and we will no longer give them our walk-ins.
We don't want to do all that, we just want them to start paying for their own payroll taxes because our business cannot afford it anymore. It will save us over $40,000 ALONE in just social security and medicare (not including state and federal unemployment tax and workers comp).
I need to know the legal way to convert everyone.
Do I give a notice? What if they do not fill out the W-9 I gave them? Do I just stop paying their taxes and stop withholding?
The DOL finally told me it was a question for the IRS. I still need to call them.
Thank you for your help!
 

Zigner

Senior Member, Non-Attorney
Your business can't make it, so you want to stop paying taxes...is that right?

What you have described sounds illegal. Wait for that determination from the IRS, but don't get your hopes up.
 
I don't see how it would save you any money anyway...

Maybe I'm wrong, but you're still paying them at the same rate right? The only difference is now you're paying them all of it instead of sending withholdings to the feds...

Maybe I'm missing something though...
 

FlyingRon

Senior Member
He's shifting the employer's share of the ss/medicare to the employee and dodging the Florida unemployment tax. By the way, the Florida law also won't consider them contractors either given the description.

There are certain things you have to do as a business, there's no easy way out of them.
 
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kinkzsalon

Junior Member
Most hair salons have their staff on a 1099. We were one of the last few who had w-2 employees.
We had a very desirable place to work because of it. We were making enough money from our commission to pay the extra social security and extra medicare.
We were also paying the unemployment (state and federal) and workers comp.
I am not trying to dodge because I don't think I should pay. If I am obligated to pay as a business owner, I will.
However, if it means the difference between shutting our doors and keeping them open, I have to shift the responsibility to the staff instead of us, to pay that extra social security and medicare.
I know I will have to let my employees come to work without any rules anymore since they are no longer employees. That will change. I just described how it was when they were w-2 employees.
I have been advised by 2 accountants and 3 attorneys to switch to contractors and they also advised me to draw up a contract between the x-employees/contractors and us. But none of them knew how we would be able to make the switch.
I did contact the irs about it some time ago and ordered forms. They just told me to write them a letter and include it with my last tax payment letting them know that it would be my last payment.
I am not trying to do anything illegal, I have done it the other way for 2 years. I am trying to save my business because my salon and spa is not brining in enough money now to stay open. I don't want to close it and do not want to file bankruptcy. It is unfair for you to judge. And I am a "she" not a "he".
 

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