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, 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
  #4  
Old 01-26-2013, 11:11 AM
Greg'slawnandlandscape Greg'slawnandlandscape is offline
Senior Member
 
Join Date: Jan 2013
Location: Jacksonville north Carolina
Posts: 371
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
  #5  
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
  #6  
Old 01-26-2013, 06:00 PM
Billy Goat's Avatar
Billy Goat Billy Goat is offline
Senior Member
 
Join Date: Nov 2012
Posts: 120
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
  #7  
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
  #8  
Old 01-28-2013, 12:28 PM
Steve's Avatar
Steve Steve is online now
Administrator
 
Join Date: May 2003
Posts: 35,752
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
  #9  
Old 01-28-2013, 06:41 PM
Greg'slawnandlandscape Greg'slawnandlandscape is offline
Senior Member
 
Join Date: Jan 2013
Location: Jacksonville north Carolina
Posts: 371
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
  #10  
Old 01-28-2013, 07:35 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

Quote:
Originally Posted by Greg'slawnandlandscape View Post
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
Masseuses have a license. I think that set up would be like a barber. Where they rent the chair for the day and are self employed.

I would check with the IRS.
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
this mower is driving me...
boog
04-17-2014 12:07 PM
Today 08:26 PM
by boog
9 207
employee pay
4 seasons maintenance
04-10-2011 09:34 PM
Today 04:40 PM
by Dan Tanner
20 6,808
What Fertilizer to Use?
acrajchel
04-07-2014 01:56 PM
Today 01:19 PM
by phlawncare
17 458
These are the days on...
ExtremeLawncareServices
03-22-2014 09:12 AM
Today 11:13 AM
by ExtremeLawncareServices
32 1,115
Lawn Renovation
stevef1201
04-11-2014 12:00 PM
Today 11:11 AM
by kslawn
10 287
quickbooks users
CDLAWNCARE
Today 09:03 AM
Today 11:06 AM
by BelleCityLawn1
2 56
danny 2
danny2
Yesterday 10:19 PM
Today 05:13 AM
by Sprinkler Buddy
2 87
I Got Taken...,
Dan Tanner
Yesterday 06:26 AM
Yesterday 08:15 PM
by Dan Tanner
3 149
new to this forum!
mower13126
04-18-2014 07:37 PM
Yesterday 05:34 PM
by Sprinkler Buddy
3 113
REO calling
Dan Tanner
04-16-2014 05:03 PM
Yesterday 11:17 AM
by kslawn
11 275
Customers droping like...
goodtimez
04-18-2014 09:53 AM
Yesterday 08:09 AM
by CDLAWNCARE
7 183
Back for this year
xandrew245x
02-21-2014 04:30 PM
Yesterday 07:59 AM
by xandrew245x
14 875
Any greenhouse operators...
GoGreenerKS
04-15-2014 11:21 AM
Yesterday 07:49 AM
by CDLAWNCARE
4 147
Looking for advice on a...
Tekeda1
04-13-2014 09:53 AM
Yesterday 04:22 AM
by Tekeda1
17 403
2.5 acre mowing
xandrew245x
04-18-2014 06:55 AM
04-18-2014 08:57 PM
by xandrew245x
6 136
Best Bulk Mulch delivery...
Steven Virgadamo
04-18-2014 09:52 AM
04-18-2014 05:34 PM
by Steve
2 75
Steve Virgadamo,...
Steven Virgadamo
04-18-2014 09:49 AM
04-18-2014 05:08 PM
by Steve
2 67
Instagram
Gerardo_Landscape
04-16-2014 11:28 AM
04-18-2014 04:51 PM
by Steve
3 110
Help with weed liability!
Prolawnofchatt
04-15-2014 09:10 AM
04-18-2014 04:47 PM
by Steve
5 201
Nationwide lawn care...
Billy Goat
04-15-2014 05:21 PM
04-18-2014 04:39 PM
by Steve
9 224
Truck Signage
Dan Tanner
04-16-2014 11:00 PM
04-18-2014 04:04 PM
by stevef1201
10 238
leaf removal
tlf59263
04-15-2014 10:00 PM
04-18-2014 03:59 PM
by stevef1201
6 192
Pay per click advertising
roostertail
02-12-2014 07:26 PM
04-17-2014 07:11 PM
by yardrate
10 616
Accepting credit cards,...
Darksteel
03-17-2014 08:01 PM
04-16-2014 01:02 PM
by jymie
15 747
Trimec
acrajchel
04-15-2014 08:24 PM
04-16-2014 11:10 AM
by Steve
3 119
Gopher Forum Discount!
BlackRain75
04-12-2014 10:44 PM
04-16-2014 10:50 AM
by Steve
9 284
hello
NFrailey
04-15-2014 01:39 PM
04-16-2014 10:48 AM
by Steve
1 106
Pricing a Mulch Job
dmcalpi
04-07-2014 02:16 PM
04-16-2014 09:40 AM
by jymie
21 641
google earth
CDLAWNCARE
04-12-2014 03:24 PM
04-16-2014 09:36 AM
by jymie
8 244
There has to be an...
CDLAWNCARE
04-14-2014 12:59 PM
04-15-2014 04:06 PM
by Dan Tanner
6 190
First Day Back!
BelleCityLawn1
04-09-2014 09:13 PM
04-15-2014 11:16 AM
by Steve
11 319
Mow America
stevegredler
04-13-2014 01:02 PM
04-14-2014 09:53 PM
by kslawn
5 219
Power Broom
acrajchel
04-14-2014 07:46 AM
04-14-2014 12:47 PM
by CDLAWNCARE
2 118
Say Hello !!!
Steve
03-19-2007 11:18 AM
04-14-2014 11:34 AM
by Steve
1,176 285,871
Equipment reviews
Greg'slawnandlandscape
04-09-2014 07:17 AM
04-14-2014 11:27 AM
by Greg'slawnandlandscape
13 474
Sulky and Turf Tracer
acrajchel
04-07-2014 01:44 PM
04-14-2014 10:51 AM
by Steve
8 371
Aerating Prices?
Dan Tanner
04-08-2014 03:16 PM
04-14-2014 10:31 AM
by Steve
13 466
Estimating help
acrajchel
04-11-2014 06:06 PM
04-14-2014 10:20 AM
by Steve
3 185
Need help bidding church...
GreenRidge Lawn&Landscape
04-07-2014 08:01 PM
04-14-2014 09:49 AM
by Steve
12 441
Hello all
Griff20114
04-12-2014 05:08 PM
04-14-2014 09:46 AM
by Steve
1 123
Step by Step Spring Lawn...
WarriorLawnscaping
04-10-2014 07:01 AM
04-14-2014 09:43 AM
by Steve
5 267
Jeff Cowden
jcowden
04-11-2014 07:27 PM
04-14-2014 09:39 AM
by Steve
1 117
Exmark Commercial 30...
Dan Tanner
04-11-2014 05:35 AM
04-14-2014 09:37 AM
by Steve
4 211
What Was Your Setup When...
superrman77
02-11-2014 10:53 AM
04-14-2014 08:04 AM
by acrajchel
21 1,614
Small guy time to get a...
googus
04-08-2014 08:16 AM
04-13-2014 07:18 PM
by A. Kulak Landscaping
9 348
Weekly vs. Bi-weekly
CDLAWNCARE
04-12-2014 01:48 PM
04-13-2014 06:03 PM
by kslawn
9 357
Weed ID help
TwinBrosLC
04-12-2014 10:39 AM
04-13-2014 07:40 AM
by stevef1201
4 181
Lexington, KY
acrajchel
04-07-2014 01:06 PM
04-11-2014 09:49 PM
by acrajchel
1 151
Food Plot Management
BlackRain75
04-11-2014 10:20 AM
04-11-2014 03:51 PM
by Steve
4 146
Estimating a job
acrajchel
04-08-2014 11:07 AM
04-11-2014 03:32 PM
by Steve
6 326
Powered by vBadvanced CMPS v3.1.0

All times are GMT -5. The time now is 09:29 PM.


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

All times are GMT -5. The time now is 09:29 PM.

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