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Employment Law/Timecards for NPO with no specific work schedules

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Question
I am involved with a non-profit organization (a support organization for professionals in my field). Those of us who work for the non-profit do so in our spare time and direct our own hours. We are paid a certain amount annually for the particular job we do, and we can choose whether to take the money as an honorarium or as a salary (so we can decide which tax implications we want to deal with). The question we can't agree on is this: if we choose to take a salary instead of an honorarium, do we have to submit timecards? Or could a person who takes the salary be considered an independent contractor who chooses to have their payroll taxes paid by the NPO?

Answer
An independent contractor works for the company under contract and bills for his services. He is resposible to pay his own self employment taxes.

If an individual is working and being paid a salary than he is an employee and taxes must be withheld. Timecards would need to be submitted to be paid.

Shirley

Employment Law

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Shirley McAllister, CPP, PHR

Expertise

I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).

Experience

30 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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