Posted by CarolF/NC on 11/5/13 10:55am
Msg #491367

We need an SPW Alternative

The way I see it the NNA has marketed this SPW Signing Certified Specialist program to a group that needed a way to show they were in compliance with regulations in regards to their vendors. This is nothing new. Many industries have similar compliance standards. Now this has turned into this ridiculous script, code of conduct etc. You can't just say, I won't comply IMO. We need to offer an alternative. We could easily develop a web page, draft our own policy of compliance setting out the standards we will adhere to be in compliance, market and educate our fellow notaries. It's not that difficult. I have had several offers of help. If you'd like to help, please PM me or for those who have my email or phone number, contact me that way. You never know what you can accomplish until you try and better to try and fail than never know what you may have accomplished.

Reply by NVLSlady/VA on 11/5/13 10:59am
Msg #491370

Good initiative, Carol. If you can get fellow state notaries on board, please share how you did it!

Reply by Roger_OH on 11/5/13 11:07am
Msg #491373

How about touching base with established groups...

such as the American Society of Notaries and the American Association of Notaries, and see if their membership would get behind you?

Reply by Alz on 11/5/13 11:45am
Msg #491383

I like Roger's comment.

It is best to work with an established organization, rather than start something new. It will lend itself to the credibility factor. IMHO

Reply by NVLSlady/VA on 11/5/13 11:46am
Msg #491384

Re: How about touching base with established groups...

Mr. Roger, That is EXACTLY what I'm doing (why even belong to these groups if their goals/interests differ substantially from mine?).

Things to consider (from AAN article):
-Statewide notary network* establishes its own website
-Visibility is increased through Networking and Co-marketing (The network’s goal is to inform that its members have high standards, don't need hand holding, and treats borrowers perfectly - all while offering money-saving convenience to schedulers!)
-It is up to each member in a network to promote our own site (ex., add a link to his/her website/email)

*The network sets the criteria for its members, and does not set fees for its members. Network members do NOT compete with one another. It's novel - but it CAN work.

Reply by CarolF/NC on 11/5/13 12:31pm
Msg #491396

If People Could Pull their State tax Codes on Independent

Contractors and call them as to whether they would pursue these companies for revenue, that would be helpful. I have CA and NC covered, that leaves a lot uncovered. I know there was a class action lawsuit with a similar incident in CA years ago and they prevailed. Also CA FTB has gone after companies for revenue when they felt they treated contractors as employees.

Reply by Roger_OH on 11/5/13 2:30pm
Msg #491427

The IRS has specific criteria about IC vs employee status...

I believe there are 20 tests as to which applies. It's probably on the IRS site, or maybe John or Sue can provide it.

They are quite strict about it, and companies have gotten in trouble by reclassifying some employees as ICs so as to not pay them benefits.

Reply by JanetK_CA on 11/5/13 4:29pm
Msg #491440

Re: The IRS has specific criteria about IC vs employee status...

I suspect that most of the ICs in those circumstances where hired as temp employees working for one company. I remember one such situation in a former job where the woman in the work station next to mine was doing a more or less equivalent job, working for a senior exec, but making about half the pay and not getting any benefits. That continued for more than a year - and was grossly unfair, imo.

I don't think there's much chance of us being classified as employees. The question, I think, is whether or not the code of conduct proposed by the SPW crosses the line of what can be required of ICs.

Reply by sueharke on 11/6/13 12:43am
Msg #491500

Re: The IRS has specific criteria about IC vs employee status...

IRS Form SS-8.

Reply by MAC/WA on 11/5/13 2:46pm
Msg #491430

I agree, I've been researching WA state laws

Businesses pay state, local and federal taxes. IRS has jurisdiction over the payment of federal taxes. Here in WA we have 3 state agencies that govern business taxes, workers' comp and other related business matters. I contacted one agency yesterday and this morning they asked to see the SPW Code of Conduct. See my thread above: WA Dept of Employment Security asks for SPW docs. I, like you CarolF, will not sit by and just complain, I am contacting agencies in my state. I hope to get ahold of my accountant to ask him to look at the code and if he thinks thereis something to my concerns then I hope he will help me fill out the SS-8 that asks IRS to make a determination of whether we are being treated as employees or contractors.