r.sandoval.pac Posted October 13, 2019 Share Posted October 13, 2019 Anyone know more about the new law to be in effect January 1st, 2020? I’m an independent contractor with an S-Corp, was told by my attorney that I can continue, but Employers attorney says it doesn’t pass the ABC test. Anyone having this problem? Anyone finding solutions? Sent from my iPhone using Tapatalk 1 Quote Link to comment Share on other sites More sharing options...
Cideous Posted October 13, 2019 Share Posted October 13, 2019 Start making other plans now. I firmly believe this will be the end of IC's in CA functioning as PA's. 1 Quote Link to comment Share on other sites More sharing options...
wable Posted October 24, 2019 Share Posted October 24, 2019 Any update on this? I have two IC side gigs and am wondering what to do about this. 1 Quote Link to comment Share on other sites More sharing options...
wable Posted October 24, 2019 Share Posted October 24, 2019 (edited) An NP I work with sent this to me. It was sent to her by another employer where she does IC work. Any comments on this? Edited October 25, 2019 by wable 1 Quote Link to comment Share on other sites More sharing options...
GetMeOuttaThisMess Posted October 25, 2019 Share Posted October 25, 2019 If you do not have absolute and total control over your days worked, time worked, and days off, you do NOT meet the IRS criteria for IC status. It is that simple. Go to IRS.gov and do a search for independent contractor and check for yourself. 1 Quote Link to comment Share on other sites More sharing options...
wable Posted October 25, 2019 Share Posted October 25, 2019 I get that, but the implication here seems to be that if you establish as an LLC or S corp you are somehow no longer an independent contractor. Comments on that? 1 Quote Link to comment Share on other sites More sharing options...
GetMeOuttaThisMess Posted October 25, 2019 Share Posted October 25, 2019 You are either an employee or an independent contractor. What other employment status can there be? 1 Quote Link to comment Share on other sites More sharing options...
wable Posted October 25, 2019 Share Posted October 25, 2019 Not sure, the employee (or subcontractor) of a business (the S-corp) that is doing business with another company (the original employer)? 1 Quote Link to comment Share on other sites More sharing options...
JFarnsworth Posted October 26, 2019 Share Posted October 26, 2019 "If you do not have absolute and total control over your days worked, time worked, and days off, you do NOT meet the IRS criteria for IC status. It is that simple. Go to IRS.gov and do a search for independent contractor and check for yourself." GetMeOutta- so, if you do meet this criteria, you can work as an IC? Because I have that now, and would like to continue as an IC. 1 Quote Link to comment Share on other sites More sharing options...
r.sandoval.pac Posted October 26, 2019 Author Share Posted October 26, 2019 "If you do not have absolute and total control over your days worked, time worked, and days off, you do NOT meet the IRS criteria for IC status. It is that simple. Go to IRS.gov and do a search for independent contractor and check for yourself." GetMeOutta- so, if you do meet this criteria, you can work as an IC? Because I have that now, and would like to continue as an IC.It’s more than that. You have to provide different type of work than the company you work for...example if you work for an urgent care, and provide urgent care services as an independent contractor or S Corp it’s the same line of work then it doesn’t pass the ABC, has to be different type of service... if you are an urgent care, and contract an S Corp for janitorial services than that fits the criteria. Certain professions got exemption like doctors lawyers ... one way a lawyer told me it would work is if you have multiple employers and they are all paying your SCorp then maybe that can work cause then you provide contract work for multiple businesses. We need to call CAPA and get a push for exemption. Sent from my iPhone using Tapatalk 2 Quote Link to comment Share on other sites More sharing options...
JFarnsworth Posted October 27, 2019 Share Posted October 27, 2019 Hmmm. I have multiple employers but not an S Corp (and I"m not an IC for all of them). I will be providing dermatology care for an urgent care/IM practice. I suppose that doesn't count? I agree with you, r.sandoval- MDs pushed to be exempt from this new law, so why didn't PAs or NPs? CAPA keeps telling me how hard they are working for us... Quote Link to comment Share on other sites More sharing options...
Cideous Posted October 28, 2019 Share Posted October 28, 2019 When your professional name has "Assistant" in it....chances are you don't meet the IC standard. Just saying... 1 Quote Link to comment Share on other sites More sharing options...
924er Posted December 13, 2019 Share Posted December 13, 2019 I was speaking to a nephrologist today who wanted to have me cover him on weekends. He claims that this new law prevents him from paying me per patient. Instead he has to pay me hourly as an employee. Is this true? I can’t find info about this anywhere Quote Link to comment Share on other sites More sharing options...
r.sandoval.pac Posted December 13, 2019 Author Share Posted December 13, 2019 I was speaking to a nephrologist today who wanted to have me cover him on weekends. He claims that this new law prevents him from paying me per patient. Instead he has to pay me hourly as an employee. Is this true? I can’t find info about this anywhere He can pay you hourly or a flat rate or salary with bonus and make it out the difference to be similar to per patient Sent from my iPhone using Tapatalk Quote Link to comment Share on other sites More sharing options...
Cideous Posted December 14, 2019 Share Posted December 14, 2019 On 12/12/2019 at 8:26 PM, 924er said: I was speaking to a nephrologist today who wanted to have me cover him on weekends. He claims that this new law prevents him from paying me per patient. Instead he has to pay me hourly as an employee. Is this true? I can’t find info about this anywhere It's true that he has to pay you as an employee. In other words not an IC. He has to take taxes out and file them. Quote Link to comment Share on other sites More sharing options...
924er Posted December 14, 2019 Share Posted December 14, 2019 It's true that he has to pay you as an employee. In other words not an IC. He has to take taxes out and file them.Not only that. I bet he also has to give me other Benefits like sick pay. That’s going to be less appealing for him to use PAs as locum. Sucks Sent from my iPhone using Tapatalk Quote Link to comment Share on other sites More sharing options...
924er Posted December 14, 2019 Share Posted December 14, 2019 He can pay you hourly or a flat rate or salary with bonus and make it out the difference to be similar to per patient Sent from my iPhone using TapatalkRight, he mentioned that paying bonus will help make up the difference but that’s gonna be confusing for me to even calculate Sent from my iPhone using Tapatalk Quote Link to comment Share on other sites More sharing options...
freelancersunite Posted April 9, 2020 Share Posted April 9, 2020 Hey guys. If you want help figuring out what's going on with AB5, want to ask questions, or hear about the latest news in the fight against this law, please check out this group on Facebook: https://www.facebook.com/groups/217854619311379/ It's called The People v. AB5 and was started by a Democrat Lawyer with blog posts to inform the public and spread awareness about AB5 and encourage helpful discussion about working as independent contractors. It's really not fair that PA's did not receive an exemption, when MD's, DO's and Dentists all received an exemption. Especially with the current state of affairs in the medical world right now, it's really important that PA's have the right to be true independent contractors and work the way they want to work. It seems like the professions that received an exemption to AB5 must have lobbied for it, possible through trade groups doing the lobbying. Originally Realtors were not exempt in the first draft of AB5, but later on realtors received an exemption from AB5. Quote Link to comment Share on other sites More sharing options...
Cideous Posted February 2, 2021 Share Posted February 2, 2021 Any updates to this no IC thing for us Assistants in Ca? Quote Link to comment Share on other sites More sharing options...
Medtech911 Posted July 14, 2021 Share Posted July 14, 2021 Reading the CMA website, they make it clear that they had to "fight" to keep MDs on the exemption list. I can find NO evidence that CAPA lifted a finger to oppose this (please correct me if I'm wrong). I'm investigating this issue again, since it's about to cost me a very lucrative position. Recently they added a bunch of other non-medical professions to the exception list. One again, where was CAPA?? Currently, it seems to me that if you can meet the ABCs and the verbiage assigned to the MD exemption, you should be able to be an IC. (Assuming you have a proper S-Corp; mine was created many years ago by Mike Scarano himself. I have to take to several attorneys to see if this will pass the sniff test. In the end, leaving us out is utter BS and will HAVE to change in the future. Quote Link to comment Share on other sites More sharing options...
chicadea Posted March 17, 2022 Share Posted March 17, 2022 (edited) I am having the same issue. I enjoyed my increased hourly rate for the gig, but now can't pretax or write off anything. Still no way to put away pretax retirement. The might be my last CA gig. Some of the locum companies, AMN, have started making changes for only CA W2 locums, like offering health care (since you can't write it off with W2). But others are still behind. This really sucks. Wonder if we can get the locum companies to lobby and add PAs for the exemption. Edited March 17, 2022 by chicadea changed direction Quote Link to comment Share on other sites More sharing options...
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