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Old 08-19-2009, 01:12 PM
 
Location: NW Las Vegas - Lone Mountain
15,756 posts, read 38,197,261 times
Reputation: 2661

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Quote:
Originally Posted by MadManofBethesda View Post
8 U.S.C. 1324a

Nope...has to be a NV Statute. US law all deals with knowingly hiring...that is not an issue on casual labor.

My understanding in NV is under a week and $100 it is legal.
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Old 08-19-2009, 01:18 PM
 
Location: Alamo Heights, TX
395 posts, read 1,081,180 times
Reputation: 157
Quote:
Originally Posted by MadManofBethesda View Post
It has nothing to do with being independent contractors.

It is against federal law to knowingly hire an illegal immigrant. That said, the feds don't often (if ever) go after homeowners who hire a laborer or two for the day; they are more interested in regular employers who hire illegals in large numbers. However, that doesn't negate the fact that it is illegal to do so.
I don't disagree with that, but you make a presumption that all day labors are illegal immigrants and other professions that are paid with cash are not.
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Old 08-19-2009, 02:10 PM
 
815 posts, read 2,051,974 times
Reputation: 540
Independent Contractors cannot be told how and when to do the work. A written agreement saying that they independent contractors is advisable, otherwise the homeowner can be responsible for their taxes and SS contributions. They usually supply their own tools and equipment, which they can, of course, deduct as a business expense when filing the Schedule C with their 1040. Of course, by now, most of you are laughing, but that is the law.
If you choose to ignore it, that is your affair. You and your independent contractor. The very people who engage in this are probably the ones who scream loudest when their taxes increase to cover the 'shortage' produced by this all-prevading attitude. Just my humble opinion.
Source:
http://www.irs.gov/pub/irs-pdf/p1779.pdf
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Old 08-19-2009, 02:30 PM
 
Location: Here and there, you decide.
12,908 posts, read 27,986,981 times
Reputation: 5057
Well then, find me some LEGALS that will work as hard as these guys! I guess I should 1099 the guy who cuts the grass in Cleveland also
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Old 08-19-2009, 02:51 PM
 
Location: NW Las Vegas - Lone Mountain
15,756 posts, read 38,197,261 times
Reputation: 2661
Quote:
Originally Posted by Fastrudy View Post
Independent Contractors cannot be told how and when to do the work. A written agreement saying that they independent contractors is advisable, otherwise the homeowner can be responsible for their taxes and SS contributions. They usually supply their own tools and equipment, which they can, of course, deduct as a business expense when filing the Schedule C with their 1040. Of course, by now, most of you are laughing, but that is the law.
If you choose to ignore it, that is your affair. You and your independent contractor. The very people who engage in this are probably the ones who scream loudest when their taxes increase to cover the 'shortage' produced by this all-prevading attitude. Just my humble opinion.
Source:
http://www.irs.gov/pub/irs-pdf/p1779.pdf
It is not like you say Rudy. The rules about household employees require certain minimum yearly salaries. $1700 is the current number. Below that there are no filings required --no information about the employee.

Note that the IRS never uses a casual day laborer doing a two hour job as an example. No one shots in any of their literature. I bet you know why?
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Old 08-19-2009, 06:41 PM
 
1,558 posts, read 4,783,251 times
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Hire day labors off the street at your own risk. Cheap labor can be tempting. Once you pay them no telling who or what you might be supporting, not to mention they may return to rob your house days later.
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Old 08-19-2009, 07:29 PM
 
Location: NW Las Vegas - Lone Mountain
15,756 posts, read 38,197,261 times
Reputation: 2661
Quote:
Originally Posted by Kalbo View Post
Hire day labors off the street at your own risk. Cheap labor can be tempting. Once you pay them no telling who or what you might be supporting, not to mention they may return to rob your house days later.

You live in Nevada man! Hell your pastor may belong to the Aryan Nation. Your pool person does drugs with numerous "friends" at the Green Door.

Your politician may be organizing an overthrow of the government...or planning on helping in the reelection of Jim Gibbons which is worse.

Why worry about a lowly day laborer?

I do suggest hiring out of neighborhood. These guys are local and a couple of miles from their base they are lost.
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Old 08-19-2009, 07:50 PM
 
Location: Las Vegas, Nevada
12,686 posts, read 36,349,256 times
Reputation: 5520
Quote:
Originally Posted by pommysmommy View Post
That is a great service. El Paso could really benefit from something like that. Hiring illegal workers is common place here. It becomes very easy for people to justify breaking the law.
El Paso probably does have it. Check with the Texas Workforce Commission. Directory of Texas Workforce Centers and Services - Texas Workforce Centers and Services Nearest 79901

Ch 3 story on the Casual Labor office: http://www.kvbc.com/Global/story.asp?S=6134512

More: http://detr.state.nv.us/Press/2005La...asualLabor.pdf

And more: http://www.alipac.us/ftopic-75473-0-...orderasc-.html

Last edited by Buzz123; 08-19-2009 at 08:07 PM..
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Old 08-19-2009, 08:17 PM
 
Location: Las Vegas, Nevada
12,686 posts, read 36,349,256 times
Reputation: 5520
Quote:
It is not legal to hire the guys hanging around the nurseries or down on Bonanza.


Olecapt asked:
Source?

I stand corrected. I meant to say that it is not legal to STOP on Bonanza to pick them up, and thought I read a sign in Star Nursery that said it wasn't legal. I'd bet there are other places where you'll get a ticket. It was on the news a couple of years ago, and my friend got a ticket for doing it right after that. I've done it but it is risky. My neighbor's house was broken in to right after they had some laborers doing some work, and those laborers came out with the business the neighbor hired to do the job. They were not regular employees though.
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Old 08-19-2009, 08:20 PM
 
1,558 posts, read 4,783,251 times
Reputation: 1106
Quote:
Originally Posted by olecapt View Post
You live in Nevada man! Hell your pastor may belong to the Aryan Nation. Your pool person does drugs with numerous "friends" at the Green Door.

Your politician may be organizing an overthrow of the government...or planning on helping in the reelection of Jim Gibbons which is worse.

Why worry about a lowly day laborer?

I do suggest hiring out of neighborhood. These guys are local and a couple of miles from their base they are lost.
If you don't know who your pastor is wrong church. Don't have a pool man. Don't have a major problem with Jim Gibbons his personal life is just that. He did the right thing vetoing many of those bills, and better state workers take a pay cut than not have a job.

Just cause I live in Nevada does not mean does not mean through safety and good judgment away.
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