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A citizen has reached out to me recently concerning the employee status of our secretary. They sent the following email and image below:
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“See below, At last nights meeting the Mayor stated she got her 1099 completed and the inference I took is that was in regards to our current and past Secretaries. I believe this is an incorrect classification. The Secretary should be considered an employee whether it is full or part time. The position does not meet the definition provided by the IRS.”
This has been a concern of mine as well. Going off of my business experience, our secretary position shows signs of fitting under the W-2 worker category as quoted by uschamber.com (Article Linked):
“In most cases, a worker should be classified as a W-2 employee if:
To my understanding 2/3 of these fit our secretary position. Let’s contrasts these with the signs of a 1099 worker:
“Workers should be classified as 1099 contractors if:
To my understanding 0/3 of these fit our secretary position.
Admittedly, my knowledge is limited to business, so perhaps there are special rules for a municipality. If this is the case, I would be very grateful to be linked to that information.
To me, using the information I have at this moment, it’s fairly clear the secretaries should be receiving a standard W-2. This should be of interest to the rest of the council not only for moral reasons, which hopeful are the more important part, but also for legal reasons. We can be sued and fined over misclassifications, so I’d suggest giving our attention to this topic.
thumbnail_image001.pdf
“See below, At last nights meeting the Mayor stated she got her 1099 completed and the inference I took is that was in regards to our current and past Secretaries. I believe this is an incorrect classification. The Secretary should be considered an employee whether it is full or part time. The position does not meet the definition provided by the IRS.”
This has been a concern of mine as well. Going off of my business experience, our secretary position shows signs of fitting under the W-2 worker category as quoted by uschamber.com (Article Linked):
“In most cases, a worker should be classified as a W-2 employee if:
- You control the details of how the work is performed.
- You provide office space, equipment and supplies for the worker to complete tasks.
- You provide employee benefits, such as insurance, retirement plans or vacation time.”
To my understanding 2/3 of these fit our secretary position. Let’s contrasts these with the signs of a 1099 worker:
“Workers should be classified as 1099 contractors if:
- They control when and how they perform their work.
- They use their own equipment and supplies to complete tasks.
- They provide services to several different clients who pay them directly for their work.”
To my understanding 0/3 of these fit our secretary position.
Admittedly, my knowledge is limited to business, so perhaps there are special rules for a municipality. If this is the case, I would be very grateful to be linked to that information.
To me, using the information I have at this moment, it’s fairly clear the secretaries should be receiving a standard W-2. This should be of interest to the rest of the council not only for moral reasons, which hopeful are the more important part, but also for legal reasons. We can be sued and fined over misclassifications, so I’d suggest giving our attention to this topic.
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