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Maverick
Maverick, Lawyer
Category: Criminal Law
Satisfied Customers: 6386
Experience:  20 years experience
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I work Hub Zone firm that i believe misrepresents s status.,

Customer Question

Hi, i work for a Hub Zone firm that i believe misrepresents his status. for example, in order to maintain the hub zone goal of 35% hub zone employees, he utilizes individuals who live in the hub zone area. every month, he pays them for 40 hrs of work, but none of these individuals have ever worked at the company on-site nor remote. these individuals have other jobs and collect this money. in return, he uses the driver's license of these individuals to certify himself as a hub zone. he has them in the payroll as 'Seasonal Employees'
I have on many occasions complained to him, but he says it is legal. Am I missing something
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Maverick replied 1 year ago.

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1. I am looking into this for you now and will be back shortly...

Expert:  Maverick replied 1 year ago.

Employee means "all individuals employed on a full-time, part-time, or other basis, so long as that individual works a minimum of 40 hours per month. This includes employees obtained from a temporary employee agency, leasing concern, or through a union agreement or co-employed pursuant to a professional employer organization agreement." The SBA will consider the totality of the circumstances , including criteria used by the IRS for Federal income tax purposes and those set forth in SBA's Size Policy Statement No. 1, in determining whether individuals are employees of a concern.

Under the totality of the circumstances test, one of the test factors that they may fail is:

"9. Do the employees perform tasks normally performed by the regular employees of the business or which were previously performed by the company's own employees?"

So, I agree with you that this does not appear to be legal.

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