W2 vs. 1099

Misclassified members of a company’s workforce as 1099 Independent Contractors can create a significant liability to a company. The IRS has been expanding the number and scope of its audits with some estimates at more than 30% being focused on worker classification. We face a double edged sword, governmental entities are experiencing serious budget deficits forcing them to look for new sources of revenue. The Independent Contractors themselves may be a significant source of litigation.

Information and Risk Factors Associated with Employees Classified as Independent Contractors

  • One-in-three companies fail a worker classification audit. Burden of proof is on the Client/Company
  • Nearly 50% of the Independent Contractors reviewed by the IRS are determined to be misclassified
  • Financial consequences: fines, penalties, interest payments, back taxes. (FedEx owed approximately $319 million in back taxes for tax year 2002 alone because of independent contractor misclassification issues)
  • Reclassified Independent Contractor’s have to be treated as an employee for benefits. (Microsoft agreed to comply with payment of employment taxes on behalf of workers who had been classified as 1099 Independent Contractors for a specified tax period. Microsoft even hired some of the workers as employees. The group of these misclassified workers, now employees, demanded payment for benefits that they would have received for the period they were classified as independent contractors. In December 2000, Microsoft agreed to settle a suit for $97 million for the value of benefits)
  • The real possibility of class action lawsuits by groups of Independent Contractor’s requesting employee status
  • Legal defense takes years and can be very expensive

Some activities that may cause an audit

  • Unemployment or Worker Compensation claims
  • A W-2 and 1099 issued for the same worker by the same company in the same year
  • New IRS Whistleblower Award Program
  • All tax audits by the government require a 1099 audit to be conducted
  • Independent Contractor lawsuit

LinkedIn Tip: Increase your chances of getting that job interview

A blog series that gets you up to speed on LinkedIn related posts and news articles from across the web ranging from tips-and-tricks to product news. We’d love to hear your comments both here in the blog post as well as in tweets. Follow us on Twitter as well.

Liz Ryan from Business Week’s “The Workplace” column has an insightful post for those who’ve wondered why sending in your resume doesn’t necessarily get you that job interview. Liz outlines six different ways you can increase those chances of landing a job interview after you’ve sent in your resume.

Start with LinkedIn to see whether one of your first-degree connections is connected to a relevant person (someone who works in the department where there’s an opening, a peer in another department, or best of all, the hiring manager) in the hiring department. If you do have a two- or three-step relationship to that inside person, ask your first-degree connection to make an introduction for you. (You can do this by clicking on the “Get Introduced Through a Connection” link on your “target” person’s profile page.)

The easiest way to get started would be on LinkedIn’s “Advanced Search” page, where you can search through specific keywords to locate the right contact at the hiring company.
Tips #2 and #3 in the post explains how important it is to do your homework about the company or industry when looking for a job. LinkedIn Company Profiles lets you browse and research companies or even industries that you’d like to work for. Clicking through a company profile shows you current or former employees from that company who you’re currently connected with and can pass your resume to the right folks within the company. For example: check out LinkedIn’s Company Profile.
As Liz summarized, finding a job interview is more a direct result of your attempts to find contacts at that company who can put in a good word for you, and less about how great your resume is.
There is an element of luck in getting an interview, but you can do more than toss a résumé into the hopper and wait for a phone call. You can work assiduously to find contacts who can put in a good word for you, make introductions for you, and fill you in on the issues that are top-of-mind for the employer you’re targeting. When you spot a job you know you’d love and would thrive at, don’t hesitate to call on your network to help make it happen. That’s what your network is there for!

http://www.gskinner.com/blog/

While I don't think it's an industry norm yet, I consider ActionScript Developer and Flash Developer to be synonymous. Flex Developer is not - it implies a knowledge of MXML that is not necessary to be a pure AS or Flash Developer.

Skills I would expect any experienced Flash Developer to have include:


  • ActionScript development (obviously)
  • OOP experience
  • Some experience with architecture / design patterns
  • Code standards
  • Data services integration: XML, JSON, SOAP, etc.
  • Problem solving
  • Debugging
  • Optimization, both code and graphics
  • Quality testing
  • Reasonable understanding of UX and interaction design
  • Basic graphic design and motion graphics skills (enough to understand and implement designer concepts)
  • Graphics import
  • Basic skills with Photoshop, Illustrator, and Fireworks (for tweaks / exporting art)
  • Basic understanding of video / audio compression
  • Programmatic motion
  • Writing (for team / client communication, documentation, comments, etc)
  • Verbal communication and interpersonal skills for team / client interaction
  • Experience working with Flash and the timeline
  • Experience with an external code editor (ex. FlexBuilder, FDT, FlashDevelop)
  • High level understanding of Flex, FMS, Remoting, FlashLite, AIR and other core Flash platform products / libraries
  • High level understanding of server development and databases (not necessary an ability to implement anything, but a small amount of experience / understanding of the models)
  • Basic understanding of HTML, JS, CSS
  • Integration with HTML, JS
  • Community awareness (online resources, frameworks, etc)
  • Basic math - understanding and combining +, -, /, *, %, exponents and basic trigonometry (sin, cos, atan2, etc)



This is not necessarily a comprehensive list, and it definitely has a lot of overlap with my "Things Every Flash Develop Should Know" talk, but I thought it would be worth sharing so that junior developers had a rough guide of valuable skills.

The Frankenstein Candidate

The Frankenstein Candidate
By Bill Radin

Jamie was a passive candidate, and he couldn't believe his luck.

Three weeks ago, a young recruiter called with an intriguing opportunity. And now, after a furious round of interviews—and a good bit of haggling—Jamie was riding high.

The company made an offer, but Jamie turned it down. Of course, if he'd actually needed a job, he would have jumped all over it. But Jamie was already employed.

With nothing to lose, Jamie pushed for more. A sign-on bonus. An extra week's vacation. And a 90-day performance review. Incredibly, the company said yes. And Jamie was delighted.

Trouble in Paradise
Tina, however, was worried. As a recruiter, she had done everything right—or so she thought.

She had cold-called Jamie, who was perfect for the job. She set up the interviews, checked the references and pushed the company to make an offer.

Even after Jamie rejected the initial offer and took over the negotiations, Tina was optimistic. She sensed the company would meet his demands, and sure enough, they delivered on every point.

But Tina was puzzled. If Jamie had gotten everything he asked for, why did he say he needed to "think it over" for a few days? And why was he dodging her calls?

Tina Creates a Monster
Her formerly passive candidate was now on every job board in sight, shopping like a maniac. With an offer in hand, he had every incentive to leverage his position.

Could Tina put the genie back in the bottle? Probably not. She either had to pray that Jamie would accept the job, or try to force his hand by setting a "drop dead" date, after which the offer would be withdrawn.

In either case, she seriously lacked control. In 20/20 hindsight, Tina realized that she had forced the company to make concessions, without asking for a commitment from Jamie in return.

So Tina made herself a promise. In the future, she would—without exception—follow a few simple rules:

1. Never let the candidate control the negotiation. To be effective, the recruiter needs to broker the deal.
2. Close the candidate before the offer is extended. Assuming all the conditions are met, get permission to accept the offer in advance, on the candidate's behalf.
3. Get the candidate to take action. As soon as the offer is formally accepted, instruct the candidate to call the employer to confirm the deal.
4. Generate a letter of acceptance. Add a signature line and an expiration date of 9:00 PM. Have the candidate sign the letter and fax it back to the employer.

After four days of nail-biting and fatalism, Tina finally got a call from Jamie: He would accept her company's offer.

Tina sighed in relief: She had dodged a bullet. But she knew that next time around, she would close the candidate and get an acceptance—before an offer is extended.

Want to know what your salary should be?

http://www.indeed.com/salary

Guidelines for Online Success


The dos and don'ts of web entrepreneurship

Have you ever wondered why your websites didn’t quite match up to the success of your competitors or peers? Have you ever looked at other sites and thought: “Why didn’t I think of that?” Have you ever spent too much time trying to find basic information that was buried deep in a needlessly complex website? You are certainly not alone and this book aims to change that by bringing together some of the world’s most highly acclaimed designers and developers, spanning every continent, all of whom share their knowledge and experience.

With chapters arranged by subject (interface and design, marketing and communication, technology and programming, technical advice, content/content management, and commerce), a clear do/don’t structure, and plenty of real world examples of successful and award-winning websites, this book has all the advice and examples you will need to give your personal or business website an edge on its competitors and also win industry acclaim as well as respect from your peers. Your visitors will thank you.

About the editors:
Rob Ford, born England 1969, founded Favourite Website Awards (FWA) in May 2000, a recognition program for cutting edge web design which has since served over 30 million site visits. His work has been featured in numerous publications including The Chicago Tribune, The Guardian and many web related magazines. He has judged for most of the industry award shows, contributes regularly to other well-known web design sites and magazines and writes a regular column in Adobe's Edge Newsletter.

Julius Wiedemann was born and raised in Brazil. After studying graphic design and marketing, he moved to Japan, where he worked in Tokyo as art editor for digital and design magazines. Since joining TASCHEN, he has been building up the digital and media collection with titles such as Animation Now!, the Advertising Now series, the Web Design series, and TASCHEN's 1000 Favorite Websites.

Blogger Jeff Pulver

Confessions of a LinkedIn Dropout

Are you on Facebook yet? Maybe you should be.

I made this pronouncement on my blog recently, encouraging my friends and contacts to join me in leaving LinkedIn behind. Little did I know the ripple effect it would have.

Within hours of my posting, several high-tech bloggers took note of the move and started their own LinkedIn vs. Facebook discussions, many asking whether Facebook, a site that began as a social network for college kids, could replicate LinkedIn, a network aimed at helping professionals forge and maintain business connections. Hundreds of my contacts who did not have a Facebook account as recently as March were swarming Facebook by mid-July. Everywhere there were "Facebook for Business" blog posts, and the network, it seemed, had suddenly recaptured the attention of key executives across the media, entertainment, communications, and Internet fields.

Facebook already was recognized as a growing and disruptive social site for young people, but it was starting to be seen as a viable force for business. We are in the midst of a coming of age for Facebook, and I have embraced the network fully.
Growing Apart from LinkedIn

I have no regrets—although like many in my demographic, I wasn't always a welcome member of its community. That changed in January when I met Matt Cohler, one of the Facebook co-founders, at DLD 07 in Munich and he invited me to join. At first, I connected with some relatives and just a handful of friends already there. For months, I was there but not paying much attention.

Then, in late May, a number of people "friended" me out of the blue. Some of them are people I never would have expected to find on a social network—whether because they're the wrong age, they were already on LinkedIn, or they simply weren't the type I would expect to share much personal information. I live a fairly public Internet life, but many of my tech friends wouldn't—or so I thought. I quickly realized something big was going on, and this time when I visited, I decided to stay for a while.

The more time I spent on Facebook, the less time I had for LinkedIn, where I had formed a large network, starting almost exactly four years before my public departure. On LinkedIn, what I ended up with was a network of people, many of whom I didn't know. I suppose it was my fault but I rarely refused someone who asked to connect with me. And over time, not only was I inundated with "connect me" requests from strangers, but I also was regularly spammed with reminders to follow up on such requests. What's more, my world at LinkedIn was pretty flat, nonviral, and there was no compelling reason for me to stay and interact with the community.
Easier Networking

Once I left, I never looked back. Facebook is great for business networking as well as socializing, and provides a platform for creating networks among like-minded people. There are hundreds if not thousands of groups across a variety of business topics. And joining a business-oriented group and engaging with the community make it easier to establish yourself as a brand and forge networks than relying on a third party to make an introduction to someone you don't know.

Consider my recent trip to Israel, where I traveled in July for meetings and a speaking commitment. At the time, I had 100-plus friends on Facebook from Israel, and I thought it would be interesting to bring them together in what I call real-time social networking. I started by creating a Facebook event and invited friends using Facebook. Attendees could visit the event site beforehand and gather information that would facilitate later face-to-face networking. In all, about 150 people attended the 2½-hour event. A venture capitalist friend was able to meet a number of below-the-radar startups. Other friends who are aspiring players in Israeli new media met each other for the first time and are now planning to collaborate on video efforts. On average, each guest made seven to eight new contacts, by my estimation. Based on the feedback I received, it was a successful experiment and something that I plan to do again. And it was only possible because of Facebook.
Like a Virtual Fraternity

The move to Facebook has upended my everyday life, too, both socially and professionally. I'm logged on for at least a couple hours a day, doing everything from updating my status (e.g., "Jeff is taking JetBlue flight 14 to JFK"), to catching up on groups I have joined, to checking and responding to Facebook messages. In fact, when I am on the road, friends find it easier to send me a message on Facebook than to my regular e-mail address. The same can be said for others I know.

Facebook has become something of a virtual fraternity, where I arrive home, walk into the living room, and check out what's going on. There are always people to catch up with and, since my friends are geographically distributed, there is usually someone online no matter where I am in the world, whatever time of day.

If you're new to the site, don't join every group. Don't add every application. Be selective. Look around. If your friends are not there yet, they will be. And don't be shy to invite them. Also, after you are on Facebook for a week, upload your contact list and check again. You may find that some of your friends have just arrived and you didn't even know.

And as we nonstudents arrive en masse, there will probably be some fallout and push-back from the core community of people who have been there from the start. How can it be that something that is cool for kids can also be cool for adults? But that's a small price to pay as Facebook transforms into a viral, vibrant home base for students and professionals alike, transcending demographics such as age and degree of coolness.