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Like: Home > Blogs > Amber Gunn, Broker > The Gunn Show - Best REALTOR in Cedar Park, TX Independent Contractor or Employee??? Similarities Between Keller Williams & Open to Close
By Amber Gunn, Broker Real Estate Broker/Owner with Strub Residential 558311 Email Short URL Share: September 03, 2009 04:37 AM Coordinators with Open to Close and MOST Realtors are 1009 independent contractors. I have been a long time confused individual when it came to this subject. I have a lot of HR connections pretty high up at different companies across the U.S., and they all tell me something different. So, I completely changed my schedule this past Tuesday to attend a once a year class with the Small Business Administration here in Austin, TX to set the story straight! To differentiate between the employee and the independent contractor, there is NO Employee Handbook to be given and NO New Hire Paperwork to be filled out. There is NO staff, and there is NO payroll! So, what is there??? Payroll for an independent contractor does NOT exist as they are "paid by the project. Employers can request that they track their hours but contractors should be paid for successful completion of a project; if the project is NOT satisfactory to the employer, employer could have a NON-PERFORMANCE issue with the contractor and refuse to pay them or not pay them fully based on their written agreement." Instead of employee handbook, there are "Policies and Procedures" manuals and compensation agreements to ensure everyone knows what actions must be taken to get paid and actually how much and how often they get paid along with a W9, no I9 or W4. In addition, contractors may work for more than one employer at a time, but employers are also legally able to enact a non-compete/non-disclosure for a specific industry or specific location. At that point, the contractor could work for two employers, but they would have to be in two completely different industries and/or locations as specified by the noncompete/non-disclosure. You, as an employer, can require your independent contractors to come in to the office at certain times if it is part of the requirement to get the job done. In the Open to Close scenario, one of our offices is located in the #1 producing Keller Williams office right here in Austin, TX! As part of the agreement, the agents in that office that hire us must have at least one day a week where the coordinator is at the office, so the agent can have face-to-face contact with the OTC coordinator, should they so desire. So, with that being said, we are able to legally enforce that our coordinators are present the same day each week at the same time because it is part of getting the job done. Benefits aren't typical with independent contractors, but employers can offer them to their contractors. In fact, statistically companies with under 20 EMPLOYEES are NOT paying benefits at all! The more I thought about it, the more I thought about how I could relate it to Keller Williams when I explained this to my staff. Keller Williams is KNOWN for their training and systems and stringent paperwork/guidelines. It's branding, and it creates uniformity. It's like McDonald's; you always know what you are going to get because of the systems. With Keller Williams, there is a minimal amount of training you HAVE to go through to be affiliated. There is a very defined way that you are able to design your signs and business cards. There are specific colors and specific verbiage that must be used. Scripts and systems are huge!!! And the paperwork needed to process your commission is the most stringent and detailed of pretty much any brokerage I know of! And if an agent (who is a 1099 independent contractor) does not comply with the Keller Williams procedures, they will NOT get paid their commission and/or would be asked to dissolve their affiliation with Keller Williams. And look where that has gotten them! They are the fastest growing real estate company in the world! Go KW! So, hopefully, this dispels some of the confusion around this touchy subject. I'd love any and all questions! Knowledge is power, and clarity is key. -Amber Gunn, Open to Close LIKE close This entry hasn't been re-blogged: Re-Blogged By Re-Blogged At Topic: ActiveRain Community Location: Texas Tags: realtor keller williams employees independent contractor sba real estate systems hr w9 open to close w4 i9 contract labor
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Amber Gunn, Broker Listing Specialist,Best REALTOR in Cedar Park, TX Strub Residential 7301 Ranch Rd 620 N Ste 155 Austin, TX 78726 Blog
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