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I work Hub Zone firm that i believe misrepresents s status.,

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Hi, i work for...
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: 2 years ago.Category: Criminal Law
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9/23/2015
Criminal Lawyer: Maverick, Lawyer replied 2 years ago
Maverick
Maverick, Lawyer
Category: Criminal Law
Satisfied Customers: 6,425
Experience: 20 years experience
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Criminal Lawyer: Maverick, Lawyer replied 2 years 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.

If this answers your question, please assign a feedback rating so JA will compensate me for my time.

If you are not satisfied with the answer, I would appreciate knowing why so that I can try to clear up any misunderstanding that may have taken place. Please allow up to 24 hours for a follow-up response if I am signed off.

You may request me in the future on new and unrelated questions by beginning the question with "THIS IS FOR MAVERICK".

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Maverick
Maverick, Lawyer
Category: Criminal Law
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