Dale & Eke is taking the COVID-19 outbreak very seriously.  So, for the purpose of maintaining social distancing under CDC guidelines and to promote the health and safety of our clients, visitors and staff and reduce the spread of COVID-19, our physical office will be closed until further notice.

For the time being we are limiting all in-office meetings to those clients and potential clients who are not feeling ill or who have not shown signs of illness.  However, we are recommending that, unless you make other arrangements with your attorney, all client and potential client meetings occur via telephone or video conferencing.  If you have any paperwork for us that you need to drop off, please use the mail slot outside of the front door to our office.

We can still be reached at our office telephone number (317-844-7400). Your call will be answered by our office phone system and you may leave a voicemail in the general mailbox or with a specific attorney. All voicemails left in the general mailbox will be routed to the requested attorney or staff.

You may also email the firm through its website at  www.daleeke.com.

We will continue to monitor this evolving situation and adjust procedures as necessary.  Your health and safety, and the health and safety of our attorneys and staff, is our highest priority.  We thank you for your patience and understanding during these uncertain and unprecedented times.

A Professional Corporation of Attorneys at Law

Make sure to classify workers correctly

Businesses that hire workers in Indiana have a lot to consider. Options for hire typically include employees and independent contractors, and there are benefits to each depending on the specific company or project. Employers must ensure they classify the workers correctly or else they can face strict penalties.

According to the IRS, there are three categories to consider when deciding how to classify a worker. One is financial control. An employee receives an agreed-upon hourly wage or salary, and the employer pays for supplies, equipment and other expenses related to performing the job. The employer is also responsible for certain taxes and insurance coverage. In contrast, an independent contractor is responsible for paying for their own supplies, equipment and expenses. Their pay is often a flat fee with no taxes taken out, and an IC must pay his or own taxes at tax time.

Behavioral control is another category. An employer has a lot more control over employees in regard to training, instruction, hours of work and evaluation systems. An independent contractor can choose when and where to work as well as the steps to take for project completion. 

The type of relationship is another indicator of worker classification. An employee typically has a more permanent position and receives benefits such as sick pay, vacation time, health insurance and retirement benefits. An IC does not receive these benefits and usually only works for the employer for a specified period of time or until project completion. An IC, however, may also work for multiple companies at one time.

Some employers classify a worker as an independent contractor when they are really an employee, and FindLaw outlines consequences associated with this misclassification. These include back wages for overtime, back taxes and additional penalties such as punitive damages.