MGKS
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Jocelyn Pension Consulting
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Hessel & Associates, LLC
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Manager - Defined Contribution Plans M2B Retirement Consulting LLC
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Hicks Pension Services
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Retirement Plan Relationship Manager â DB or DC Focus Trinity Pension Consultants
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Compliance Analyst - 401(k) Administration Ubiquity Retirement + Savings
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EPIC RPS
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Junior Implementation Specialist - 401(k) Administration Ubiquity Retirement + Savings
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United Benefit Pensions Inc.
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Nicholas Pension Consultants
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Senior Defined Contribution Account Manager Nova 401(k) Associates
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Site Manager / Senior Administrator Nicholas Pension Consultants
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Loren D. Stark Company
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NFL Player Benefit Office
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401(k) Retirement Plan Administrator Midwest TPA with Remote Workforce
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Loren D. Stark Company
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Retirement, LLC
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Aimpoint Pension
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Question 174: What if the staffing company (a PEO, as the industry defines it) employs not only the rank and file employees of the client company, but also employs the owner and manager of the client company? Because the employees then would be subject to the direction and control of a PEO employee, wouldn't the worksite employees be considered common law employees of the PEO? Should the single employer plan of such a PEO follow Rev. Proc. 2002-21? |
Answer: This argument is one I discuss at length in Chapter 4 of my book, Who's the Employer, but here is a quick summary. |
Answers are provided as general guidance on the subjects covered in the question and are not provided as legal advice to the questioner or to readers. Any legal issues should be reviewed by your legal counsel to apply the law to the particular facts of this and similar situations.
The law in this area changes frequently. Answers are believed to be correct as of the posting dates shown. The completeness or accuracy of a particular answer may be affected by changes in the law (statutes, regulations, rulings, court decisions, etc.) that occur after the date on which a particular Q&A is posted.
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