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TPA needs support staff on and off - contract employees


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Not quite sure if this is the correct place but the job posting section on this site didn't seem to cover my question.   I'm looking for just some support staff contract employees for data entry and entry level tasks remotely but not full-time.  Am I missing something in the job postings section where I could find them or is there another good resource for this for folks with some retirement plan very basic experience?  Thank you.

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I think MAYBE you are talking about paying them as a 1099 contractor (of course I am only inferring from your use of the term "contract employees").  I would NOT recommend that path.  What you are describing to me sounds like something the IRS would definitely conclude is a w-2 employee.

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Don't know where you are located, but New England has an agency that has been in business for decades called BTHR Solutions (formerly Bene-Temps).  https://bthrsolutions.com/  My company uses them for open enrollment, covering longer absences, etc. and have hired a number of their temps are regular employees.  They offer their staff benefits including a 401(k).  

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16 hours ago, austin3515 said:

What you are describing to me sounds like something the IRS would definitely conclude is a w-2 employee.

If you give them a schedule and assignments to perform, yea I agree.

If the person can decide what assignment to accept and when to do them as long as done by the due date, it sounds more like  a contractor.

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Well, just be careful.  To me it sounds like a w-2 employee.  If you hire someone to process data, you're going to have complete and total control over how they do their work, when they do it, which clients to work on first, they're going to do it on your computer systems and of course you're going to train them.  BUT as I tell my clients all the time, all I know is that it is an important issue, I don't have the right skill sets to know one way or another (except that I do know the risk lies on classifying them as independent contractors!).

 

https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-self-employed-or-employee

Common Law Rules

Facts that provide evidence of the degree of control and independence fall into three categories:

  1. Behavioral: Does the company control or have the right to control what the worker does and how the worker does his or her job?
  2. Financial: Are the business aspects of the worker’s job controlled by the payer? (these include things like how worker is paid, whether expenses are reimbursed, who provides tools/supplies, etc.)
  3. Type of Relationship: Are there written contracts or employee type benefits (i.e. pension plan, insurance, vacation pay, etc.)? Will the relationship continue and is the work performed a key aspect of the business?

Businesses must weigh all these factors when determining whether a worker is an employee or independent contractor. Some factors may indicate that the worker is an employee, while other factors indicate that the worker is an independent contractor. There is no “magic” or set number of factors that “makes” the worker an employee or an independent contractor, and no one factor stands alone in making this determination. Also, factors which are relevant in one situation may not be relevant in another.

The keys are to look at the entire relationship, consider the degree or extent of the right to direct and control, and finally, to document each of the factors used in coming up with the determination.

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20 hours ago, Dave Baker said:

Employers can post an entry-level job opening (meaning no experience in the employee benefits field is required) at no charge. We're happy to help the industry "prime the pump"!

Good on ya Dave!  I know you guys put in a lot of work on this site, and advertising/job postings are usually the only ways to get compensated.  That's a great goodwill gesture!

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3 minutes ago, austin3515 said:

Well, just be careful.  To me it sounds like a w-2 employee.  If you hire someone to process data, you're going to have complete and total control over how they do their work, when they do it, which clients to work on first, they're going to do it on your computer systems and of course you're going to train them.  BUT as I tell my clients all the time, all I know is that it is an important issue, I don't have the right skill sets to know one way or another (except that I do know the risk lies on classifying them as independent contractors!).

I agree its a dicey issue, and you should have an employment law attorney draw clear lines of what you can and cannot do to make sure you stay inside the lines.

That said, I think it is possible.  The bigger question is is it worth the effort and risk?

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On 4/9/2021 at 5:11 PM, HarleyBabe said:

 I'm looking for just some support staff contract employees for data entry and entry level tasks remotely but not full-time.  Am I missing something in the job postings section where I could find them or is there another good resource for this for folks with some retirement plan very basic experience?

You might look through the list of resumes posted by candidates to see if any are looking for the type of work you describe -- we do see a few on occasion, but I'm not sure whether any such are active right now.  Generally, we do charge for full access to resumes, but as with the entry-level job postings, I'd be happy to work with you on this one.  If you find any listed that might be worth pursuing, send me a PM or email and we'll go from there.

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