May
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HR InTouchThe Monthly Newsletter of the Greater Madison Area SHRM |
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In This EditionPresident's Message
Legal Update – Unemployment Benefits Liability and the “Gig Economy”
Volunteer Appreciation Night with the Madison Mallards SHRM2023 Annual Conference - Las Vegas Meet, Greet, and Eat August 15 Professional Development Summit Focus: Recruitment; Diversity, Equity & Inclusion Roundtables Continue on Zoom in 2023!
Diversity Observances in May and June Resource of the Month: Recognizing Asian Pacific American Month
Committee Spotlight - Volunteer Engagement New Membership Offering - Retiree Membership Welcome New Members! Congratulations to our 1, 5, 10, 15 and 20 year anniversary members!
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Hello GMA SHRM Members, Government Affairs & Legal Updates
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Mai Chao |
Storm Larson |
Brian P. Goodman |
A recent decision from the Wisconsin Court of Appeals clarifies who qualifies as an “employee” for purposes of employers paying unemployment taxes and employees receiving unemployment insurance benefits. In Amazon Logistics, Inc. v. LIRC, the court of appeals held that Amazon did not meet its burden of proving that its “delivery partners” qualified as independent contractors. They were thus determined to be employees for the purposes of unemployment insurance benefits. Amazon was also assessed a significant unemployment tax bill of over $200,000, including penalties and interest.
In Wisconsin, individuals who are paid for performing work are presumed to be employees for unemployment compensation purposes. Employers can then rebut that presumption by showing that an individual satisfied a two-part test, each part containing a variety of factors, in order to classify the individual as an independent contractor. The second part of the test requires the employer to meet 6 factors in a 9-factor test. Those factors include, among other things, looking at whether the individual holds themselves out publicly as being in an independent business, operates under multiple contracts, furnishes their own equipment, and incurs the main expenses associated with the work being performed.
The court of appeals held that Amazon was only able to show 5 of the 9 factors and thus failed to meet its burden. Among other factors, Amazon could not prove that the delivery partners held themselves out publicly as being in the delivery business, nor could it demonstrate that the delivery partners operated under multiple contracts. This case is a good reminder that employers must conduct a fact-intensive inquiry into whether an individual performing services for an employer truly qualifies as an independent contractor for unemployment compensation purposes.
June 7, 2023
The Duck Pond - Warner Park
June 11-14, 2023
Las Vegas & Virtual
June 20, 2023
Share stories, interests and have some laughs over coffee! A great way to connect, gripe and celebrate with your HR peeps that "get it"!
Registration Required - Register here!
August 15, 2023
Alliant Energy Center
Focus: Recruitment; Diversity, Equity & Inclusion
Session 1 Hiring to Fit Your Culture
Session 2 Foster Healthy Conflict to Create More Inclusion and Innovation
Program Information and Registration
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Submitted by Mary Vesely, Employee Engagement & Inclusion Manager at Fairway Independent Mortgage Corporation and GMA SHRM Director of Diversity
MICHAEL | ALTMEYER | University of Wisconsin | |
Janet | Bangs | Morgridge Institute for Research | |
Mary | Busher | Celerity Staffing Solutions | |
Andrea | Clark | Grande Cheese Company | |
Karen | Dorais | Yahara Software | |
Noelle | Gibbons | SHRM-CP | NORD Gear Corporation |
Ashley | Gossett | SHRM-CP | Navitus Health Solutions |
Kaelly | Guse | Gorman & Company | |
Kailey | Hodel | Truity Partners, LLC | |
Paige | Jacob | Dental Health Associates | |
Lauren | Krause | Hilton Madison | |
Stacy | Leverenz | RehabPath | |
Heidi | Nesta | UKG | |
Aimee | Neu | PHR | |
Peggy | OBrien | SPHR | OBrien Planning & Consulting, LLC |
Teresa | Sommerfeld | Illuminus | |
Paige | Steinert | SHRM-CP | University of Wisconsin-Madison, School of Medicine and Public Health |
Chad | Stofflet | Illuminus | |
Megan | Sukovich | Veridian Homes | |
Mitchell | Waterworth | Auburn Ridge | |
Holly | Weber | UW Madison, DoIT |