Lawn Care Business Forum Lawn Care Business Book Lawn Care Business Blog Lawn Care Software
Home Forum Contract & Flyer Templates Blog Software Videos Podcast Calculators / Estimators Store Mower Review Design It Yourself Lawn Business School

Go Back   GopherHaul Landscaping & Lawn Care Business Marketing Forum > Business > Lawn Care Employees Discussions

Lawn Care Employees Discussions Discussions on lawn care employee related issues.

Employee/Subcontractor for Maintenance Company


Lawn Care Employees Discussions

Discussions on lawn care employee related issues.
Reply
 
Thread Tools Search this Thread
  #1  
Old 01-25-2013, 08:42 PM
gardengirl65 gardengirl65 is offline
Junior Member
 
Join Date: Jan 2013
Posts: 1
Rep Power: 0
gardengirl65 is on a distinguished road
Default Employee/Subcontractor for Maintenance Company

Hi there! I am a woman owned landscape maintenance business and am needing to get help for the upcoming season, starting out with a part time person. I have been researching this thing called "Hiring an Employee" and I can see how $$ it can be. I am a one woman show normally.

I know of someone who has their own lawn business that would be available to mow/edge some of my accounts in close proximity neighborhoods. He also could be someone to aerate for me as well.

I would pay him a flat rate to do this per job. He would be working independently of me, and would use all of his own tools, equipment. He would need to use my organic protocol on lawn care, so I might have to show him that. He would need to have biz insurance of his own, but because of being a maintenance company, he would not need any licensing, bonding or anything like that.

After reading the literature out there of what makes a subcontractor, I feel that this would be not over stepping the legal bounds of hiring him as a sub vs an employee. My intention is to stay "above board" and I feel like this might be okay.

Does anyone have any thoughts on this?

Thank you
Reply With Quote

Stop guess-timating. Learn how to estimate and make money! $$$
Mow Time Estimator Lawn Care Price Estimator Mulch and Topsoil Calculator Snow Plow Estimate Calculator


  #2  
Old 01-25-2013, 08:57 PM
SECTLANDSCAPING SECTLANDSCAPING is offline
new member
 
Join Date: Jul 2009
Location: CT
Posts: 1,912
Rep Power: 0
SECTLANDSCAPING is on a distinguished road
Default

Lawn care business tipsLawn Care Business Book
Your inline with everything but the training part. I think you can get away with that though since its the only employee criteria your crossing. It usually takes 2-3 things to make him a employee.
Reply With Quote
  #3  
Old 01-26-2013, 07:10 AM
wat5150 wat5150 is offline
new member
 
Join Date: May 2012
Posts: 604
Rep Power: 0
wat5150 is on a distinguished road
Default

Just be careful with this. In Maine Memic is really cracking down on subcontracor status. I dont know how it is in your state but I would assume its the same. Anyway you should have your"sub" fill out a pre determination form and sign it stating they are a sub. This helps. You really need to be on your game with this these days. Again in Maine if your found in violation of the new laws the fine is $10,000 per employee or "sub". Its a big deal and they are getting tighter about it so make sure everything is in order.
Reply With Quote
  #4  
Old 01-26-2013, 10:43 AM
bruces bruces is offline
new member
 
Join Date: Apr 2010
Posts: 828
Rep Power: 0
bruces is on a distinguished road
Default

I dont know about your legalities,but it does sound like you have your bases covered,but just a heads up that hiring a competitor might be just opening the front door for him to steal your customers so be carefull .If I was the customer and hired somebody to cut my lawn ,and then somebody else showed up to do the job [especiallyif they had another name on their equipment] ,I would be asking the guy doing the work whats going on ,then quickly figuring out that it would probably be cheaper for me to hire the guy myself directly .
Reply With Quote
  #5  
Old 01-26-2013, 11:11 AM
Greg'slawnandlandscape Greg'slawnandlandscape is offline
Senior Member
 
Join Date: Jan 2013
Location: Jacksonville north Carolina
Posts: 384
Rep Power: 2
Greg'slawnandlandscape is an unknown quantity at this point
Default

I have a similar question in nc you don't pay taxes for employees if they work off of commission so I pay commission instead of per hour if I did per hour they could only work 38 hours a week with out costing major money
Reply With Quote
  #6  
Old 01-26-2013, 11:49 AM
SECTLANDSCAPING SECTLANDSCAPING is offline
new member
 
Join Date: Jul 2009
Location: CT
Posts: 1,912
Rep Power: 0
SECTLANDSCAPING is on a distinguished road
Default

Quote:
Originally Posted by Greg'slawnandlandscape View Post
I have a similar question in nc you don't pay taxes for employees if they work off of commission so I pay commission instead of per hour if I did per hour they could only work 38 hours a week with out costing major money
If they take direction from you, dont have insurance and use your equipment, there a employee.

I use to work for a guy like this and I won unemployment off him.
Reply With Quote
  #7  
Old 01-26-2013, 06:00 PM
Billy Goat's Avatar
Billy Goat Billy Goat is offline
Senior Member
 
Join Date: Nov 2012
Posts: 142
Rep Power: 2
Billy Goat is on a distinguished road
Default

This is a very interesting post, I look forward to reading replies from business owners that hire sub contractors (on paper) and treat them like employees (give them direction and pay them by the hour). Most indepentent business owners need help from time to time and can not justify to hire a person as an employee. How does a business owner prove his help is a sub and not an employee? The same goes for the sub contractor, how do they prove they are a sub and not a employee?
Reply With Quote
  #8  
Old 01-26-2013, 07:12 PM
SECTLANDSCAPING SECTLANDSCAPING is offline
new member
 
Join Date: Jul 2009
Location: CT
Posts: 1,912
Rep Power: 0
SECTLANDSCAPING is on a distinguished road
Default

I was payed a flat fee and was considered a employee because I didnt have a license or insurance and my schedule wasnt made by me.

Quote:
Originally Posted by Billy Goat View Post
How does a business owner prove his help is a sub and not an employee? The same goes for the sub contractor, how do they prove they are a sub and not a employee?
A employee or a sub would fill out a form and take it to a unemployment hearing. If there found to be a employee you would owe unemployment, taxes,SS, etc.

A BO would provide the contractors insurance/license/contract/earnings.


IRS and unemployment use the same forms and classifications.

Consequences of Treating an Employee as an Independent Contractor

Quote:
If you classify an employee as an independent contractor and you have no reasonable basis for doing so, you may be held liable for employment taxes for that worker (the relief provisions, discussed below, will not apply). See Internal Revenue Code section 3509 for more information.
http://www.irs.gov/Businesses/Small-...or-Employee%3F

Last edited by SECTLANDSCAPING; 01-26-2013 at 07:15 PM.
Reply With Quote
  #9  
Old 01-28-2013, 12:28 PM
Steve's Avatar
Steve Steve is online now
Administrator
 
Join Date: May 2003
Posts: 36,303
Rep Power: 10
Steve has disabled reputation
Default

Welcome to our forum!

How will you handle this subcontractor if a customer comes outside and asks them to perform more work on their property? Can they just take on extra work? Do they need to tell you? Do they need to pay you a %?

Quote:
I know of someone who has their own lawn business that would be available to mow/edge some of my accounts in close proximity neighborhoods. He also could be someone to aerate for me as well.
What is your thought to why you would want to do this? How is this better for you vs having an employee?
__________________
- Subscribe to my Lawn Care Marketing Blog Feed and get daily tips sent to you. Free!
Download your Free trial of Gopher Lawn Care Software.
Reply With Quote
  #10  
Old 01-28-2013, 06:41 PM
Greg'slawnandlandscape Greg'slawnandlandscape is offline
Senior Member
 
Join Date: Jan 2013
Location: Jacksonville north Carolina
Posts: 384
Rep Power: 2
Greg'slawnandlandscape is an unknown quantity at this point
Default

Quote:
Originally Posted by SECTLANDSCAPING View Post
If they take direction from you, dont have insurance and use your equipment, there a employee.

I use to work for a guy like this and I won unemployment off him.
Well they use my equipment but in my dads spa the masseuses get paid on commission and he doesn't have to pay taxes on them just the ones paid per hour I would have though it would be the same for mowing as for using my equipment what if I did a lease system on it
Reply With Quote
Reply

Bookmarks

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Starting a new landscape maintenance company is still possible in hard economic time Turningleafmaintenance Starting a lawn care business. 2 03-09-2012 03:06 PM
Employee Pay? Lawndogg Lawn Care Employees Discussions 6 12-28-2010 05:57 PM
using a subcontractor ? B-2 Lawncare Starting a lawn care business. 6 03-13-2010 07:10 AM
Got Employee's? ritchiem Lawn Care Employees Discussions 2 10-11-2005 06:41 PM
Employee F.A.Q's Steve Gopher Software Support Archived Question & Answers - Read Only 0 08-03-2004 07:47 AM

» Recent Threads
  RatingTitle, Username, & Date Last Post Replies Views
Walk Behinds and Texas...
SGL1
Yesterday 03:53 PM
Today 10:38 PM
by SGL1
5 114
Say Hello !!!
Steve
03-19-2007 11:18 AM
Today 08:33 PM
by kurtwin
1,187 331,042
Sod
RosalesLawnCare
Today 03:47 PM
Today 03:47 PM
by RosalesLawnCare
0 37
Help pricing cut down 7...
Bradcook21
Yesterday 11:17 PM
Today 03:16 PM
by jrs.landscaping
4 93
Stihl engine isn't...
Marcintosh
08-12-2014 08:30 PM
Today 02:46 PM
by Just for Cuts
9 352
Exmark Lazer Z S-Series...
BLC7
08-22-2014 10:18 AM
Today 02:00 PM
by stevef1201
6 202
Lawn needs top soil What...
jymie
Yesterday 11:01 AM
Today 12:43 PM
by Steve
3 107
Softball field
kslawn
08-15-2014 09:28 AM
Today 07:02 AM
by kslawn
15 474
These are the days on...
ExtremeLawncareServices
03-22-2014 09:12 AM
Yesterday 04:21 PM
by ExtremeLawncareServices
110 6,458
How do I approach...
Bradcook21
08-21-2014 01:48 AM
Yesterday 05:08 AM
by Billy Goat
12 383
Tender Process
M2Dave
08-24-2014 12:31 PM
08-25-2014 04:14 PM
by Steve
2 129
Grass hopper mower
ExtremeLawncareServices
12-05-2013 08:51 AM
08-25-2014 04:02 PM
by Steve
26 3,747
Need help pricing basic...
Bradcook21
08-22-2014 01:21 AM
08-22-2014 01:05 PM
by Steve
2 185
Yearly contract Pricing
jrob0691
08-21-2014 08:57 AM
08-22-2014 01:01 PM
by Steve
6 245
yearly contract help...
jrob0691
08-21-2014 04:09 PM
08-22-2014 12:48 PM
by Steve
1 138
Pampas bushes
Bradcook21
08-22-2014 01:30 AM
08-22-2014 07:17 AM
by grassdoctore
1 119
2014 Gie-expo
ExtremeLawncareServices
08-19-2014 11:22 PM
08-21-2014 08:50 PM
by phlawncare
2 166
Fuel Can Spouts
Shark1611
08-16-2014 09:09 AM
08-21-2014 08:23 PM
by SGL1
11 400
Have you ever had to...
SouthernRootsLawnCare
07-26-2014 02:41 PM
08-21-2014 05:03 PM
by stevef1201
6 668
Hello
M2Dave
08-21-2014 12:32 AM
08-21-2014 01:38 PM
by Steve
1 120
New Landscaping Business
rekon32
08-16-2014 02:26 PM
08-21-2014 12:33 PM
by SouthallMowing
8 453
Downed Tree Chop Bid
WesleySnips
08-16-2014 03:47 PM
08-20-2014 01:44 PM
by SGL1
10 429
60 inch honda/bunton...
pblawncare
08-17-2014 11:30 AM
08-18-2014 03:19 PM
by Steve
2 185
Replacement Parts -...
nicholas-KC
08-16-2014 08:40 AM
08-18-2014 03:16 PM
by Steve
4 282
Preparing the soil
Billy Goat
08-16-2014 06:18 PM
08-18-2014 03:01 PM
by Steve
1 193
What to pay help
phlawncare
08-04-2014 08:33 PM
08-18-2014 10:33 AM
by jrs.landscaping
29 1,007
Hello
Jeff1
08-07-2014 11:18 PM
08-15-2014 11:53 PM
by Jeff1
11 497
Lie #2 RESIDENTIAL...
ExtremeLawncareServices
01-06-2014 05:02 AM
08-15-2014 01:46 PM
by mattthelawnguy
54 6,568
Need help 30 HP koler...
Shady Grady
08-01-2014 03:31 PM
08-15-2014 08:46 AM
by kslawn
18 678
New Boomless Sprayer!
BlackRain75
01-03-2014 01:01 PM
08-14-2014 02:37 AM
by BlackRain75
12 1,846
first year update
cmdlawncare
08-12-2014 05:41 PM
08-13-2014 03:29 PM
by Steve
1 290
Hello from Jacksonville,...
JM Lawn Care
08-10-2014 07:15 AM
08-13-2014 07:04 AM
by Sprinkler Buddy
9 395
Hello everyone new to...
maddyandrays
08-11-2014 04:51 PM
08-12-2014 08:58 PM
by Shark1611
2 241
Walk behinds
hpruitcei
08-07-2014 06:28 PM
08-12-2014 02:35 PM
by mattthelawnguy
7 509
New name help
stevef1201
08-10-2014 04:27 PM
08-12-2014 12:03 PM
by Steve
6 392
my little green dilemmas
Lawn Techie
08-03-2014 11:47 AM
08-11-2014 01:20 PM
by Steve
7 499
what the best...
CleanCutsLLC
08-02-2014 01:02 AM
08-11-2014 01:16 PM
by Steve
6 520
Texas lawn care company...
Livingston Lawn Care
07-25-2014 11:29 AM
08-11-2014 01:19 AM
by ExtremeLawncareServices
13 790
Covering all the bases
janslawncare
08-08-2014 10:11 AM
08-08-2014 01:41 PM
by Steve
1 332
New from Florida
ADE
08-06-2014 08:40 PM
08-08-2014 01:32 PM
by Steve
4 407
JOB - Landscape Install...
janslawncare
08-08-2014 10:06 AM
08-08-2014 10:06 AM
by janslawncare
0 289
Battery power tools or...
Steve
08-07-2014 12:24 PM
08-07-2014 05:18 PM
by mattthelawnguy
2 296
My client just told me...
Greg'slawnandlandscape
08-04-2014 08:39 AM
08-06-2014 11:14 PM
by grassdoctore
12 640
Illegal spraying
GoGreenerKS
07-04-2014 09:11 AM
08-06-2014 02:03 PM
by Steve
13 1,275
Mowing the hills
EyeCatchersNow
07-08-2014 12:22 PM
08-06-2014 01:40 PM
by Steve
20 1,496
Crop Rotation Techniques...
eastsidelandcare
07-17-2014 03:47 PM
08-06-2014 10:29 AM
by eastsidelandcare
5 688
Late charge
Simon Abousaada
07-30-2014 07:23 PM
08-05-2014 06:46 PM
by TheBeast
12 903
buy out a lawn care...
rvezakis
08-05-2014 01:38 PM
08-05-2014 06:40 PM
by TheBeast
10 632
Please help
unitedlawncare48867
03-26-2014 08:29 PM
08-05-2014 05:27 PM
by TheBeast
27 1,705
Help with Estimate
donslawns
08-02-2014 09:10 AM
08-05-2014 02:24 PM
by Steve
6 570
» Popular Tags
4wd 34'' apartment complex auger blades butterfly gardens charge christmas christmas light hanging credit card customers ditches exmark ferris financing first truck georgia gopherhaul grass gravely growing a lawn care business health holiday how much to charge john deere quik trac kansas city landscape services lawn lawn care lawn care busines plan lawn care business podcast lawn care business seo lawn care business show lawn care business website lawn care business website seo lawn care seo lawn care website lawn care website seo leaf marketing mechanic monthly mow mulch mulch price new and restored landscapes new buisness new business podcast property management company pto riding mower running a business savannah scag schedule seo snow plowing starting a business start up lawn care business stihl top dresser toro toro grand stand trailer tree care trimmer rack walker winter winter services
Powered by vBadvanced CMPS v3.1.0

All times are GMT -5. The time now is 11:41 PM.


(C) 2011 Riggs Publications - Terms of use & Privacy Policy

All times are GMT -5. The time now is 11:41 PM.

(C) 2011 Riggs Publications - Terms of use & Privacy Policy