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Debra Killian

DOL Closes the Door on Mortgage Originators Paid as Independent Contractors

January 13, 2024

In the fast-paced world of mortgage lending, a crucial yet often overlooked issue is always lurking between companies and those mortgage loan originators they employ;  the misclassification of mortgage loan originators. Often labeled as independent contractors, many of these financial professionals find themselves in a precarious position, unable to meet the stringent criteria that truly define independent work. This mislabeling is not just a minor error in terminology, but a significant concern that raises questions …

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Debra Killian

The Feds Beef Up Employment Enforcement on Independent Contractors

February 14, 2022

With rates going up, refinance volume quickly heading south and originators looking for the next shiny thing, we are bound to see movement in the industry.  That means mergers, buyouts and some companies closing.  Migrating originators can be a tricky challenge for the next employer.  There are two issues that may surface; who owns the customer and how were the originators compensated?  I’ll save the former for another time.  Last week I received a call …

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Debra Killian

W-2 or 1099? The Final Word on Dynamex! RETROACTIVE!

October 16, 2019

Mortgage professionals…you may think this doesn’t apply to you…and maybe it doesn’t. This purported gray area has caused many employees and companies to grapple with the rules with many debates on this topic. Until now! On October 8, 2019, the CA Supreme Court ruled that if companies have misclassified employees, the state can go back FOUR YEARS; to calculate back state and withholding taxes, state unemployment taxes, penalties and interest. Were they eligible for retirement …

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Debra Killian

1099 vs. W-2: How Employers Get Caught! Take Action Now!

October 10, 2019

In the final episode of our 4-part series (Dynamex vs. Superior Court CA), we discuss how employers are reported and steps to consider if the potential for misclassification is present. Routine state or IRS company audits may also trigger an investigation. 4 Part Mini- Series Dynamex Operations West Inc, v CA Superior Court decision Exempt workers from W-2 status Penalties for misclassified workers Proactive steps businesses should consider These educational videos are intended to provide …

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Debra Killian

IRS Offers One-Time Chance to Correct Taxes of Misclassified Employees! Part 3

October 8, 2019

In episode 3 of our 4-part series (Dynamex vs. Superior Court CA), we discuss how employers can be penalized for misclassified workers, how back taxes and payroll tax penalties are calculated and what you can do to correct your classification of employees. 4 Part Mini- Series Dynamex Operations West Inc, v CA Superior Court decision Exempt workers from W-2 status Penalties for misclassified workers Proactive steps businesses should consider These educational videos are intended to …

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Debra Killian

Why California Passed the Law & Exempt Occupations Part 2

October 2, 2019

In the 2nd of our 4-part mini-series we discuss why the law was passed and exemptions allowing for 1099 status. 4 Part Mini- Series Dynamex Operations West Inc, v CA Superior Court decision Exempt workers from W-2 status Penalties for misclassified workers Proactive steps businesses should consider These educational videos are intended to provide information that may impact your business.  If you are not sure, please consult an attorney or CPA for professional advice. Charter …

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