RE: Exempt status for Tech Writers

Subject: RE: Exempt status for Tech Writers
From: "Al Geist" <al -dot- geist -at- geistassociates -dot- com>
To: "'Gene Kim-Eng'" <techwr -at- genek -dot- com>, <techwr-l -at- lists -dot- techwr-l -dot- com>
Date: Wed, 25 Feb 2009 18:39:19 -0500

I am the sole employee of my corporation and, yes, I am exempt. I did the
former (sole-proprietor) for nearly 20 years (off and on) and chose to
change that status when I expanded my revenue streams (web site design and
development and fine art photography). It's a lot more paperwork, but it
also frees me from the "are you and employee, or are you a contractor"
confusion. I also find I get paid better because I never have to argue about
overtime pay or comp time. Ironically, I was classified as a "contract"
publications manager prior to incorporating (S-Corp). Now, I really are one.

I think I'll give myself the rest of the afternoon off......

Al Geist
Technical Communicator, Help, Web Design, Video, Photography
Office/Msg: 802-872-9190
Cell: 802-578-3964
E-mail: al -dot- geist -at- geistassociates -dot- com
Website: www.geistassociates.com
See Also:
Fine Art Photography
Website: www.geistarts.com

"...I walked to work, quit my job, and kept walking. Better to be a pilgrim
without a destination, I figured, than to cross the wrong threshold each
day." (Sy Safransky)

-----Original Message-----
From: techwr-l-bounces+al -dot- geist=geistassociates -dot- com -at- lists -dot- techwr-l -dot- com
[mailto:techwr-l-bounces+al -dot- geist=geistassociates -dot- com -at- lists -dot- techwr-l -dot- com] On
Behalf Of Gene Kim-Eng
Sent: Wednesday, February 25, 2009 6:27 PM
To: techwr-l -at- lists -dot- techwr-l -dot- com
Subject: Re: Exempt status for Tech Writers

If you are a "sole proprietor" working 1099, billing
clients through their AP and paying self-employment
taxes you are neither exempt nor non-exempt because
under labor law you are a business, not an employee.

If you incorporate, list yourself as an employee of your
corporation, pay SS, state disability, unemployment,
payroll taxes, etc. on yourself and issue yourself a
W2 every year listing your corporation as the
employer, then you are an employee and exempt
or non-exempt employment comes into play, and it
won't matter how many clients you assign yourself
to do work for (although, in your case, based on
your email address and website, my guess is that
you would be classified as "management," which
would automatically make you exempt).

Gene Kim-Eng


----- Original Message -----
From: "Al Geist" <al -dot- geist -at- geistassociates -dot- com>
> I think the exempt or non exempt argument also depends a lot on if
you have
> more than one client.

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Follow-Ups:

References:
Re: Exempt status for Tech Writers: From: Downing, David
Re: Exempt status for Tech Writers: From: quills
RE: Exempt status for Tech Writers: From: Al Geist
Re: Exempt status for Tech Writers: From: Gene Kim-Eng

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