employer wants to pay 1/2 duties on 1099 and the other half on w2

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    • #2210
      Anonymous

      Hello,

      I have a trucking firm that believes he can split the 2 duties of employees and pay them separate. The facility that they operate in requires work comp on all truckers. When they unload at another facility, that facility does not have the requirement.
      ADP has told the insured they can in fact do this.
      These are 12 employees. The only employees for the corporation. There day consists of 4 hours trucking and 4 hours unloading. I told him it is not legally possible to handle payroll this way. This is a trucker in LA County California.
      Thank you,
      Ben Green
      CERTIFIED WORK COMP ADVISOR

    • #2218
      Anonymous

      The question on the legality of this pay arrangement is outside of my expertise, but paying an employee this way doesn't make them only half an employee for workers' comp purposes. They would still require comp coverage for all the time they are working for the employer.

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