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Miscategorizing their employees as independent contractors left and right. >> it's not they're so clear, it's that they're so subjective right now. i think the irs and the department of labor feel like they have put clear rules out there. but then the business owner, the average person looks at it and says, well, i think i have more discretion than i really do and that's not necessarily the case. >> let's go through the checklist that you have to think about. number one, about how they're paid. hourly versus project. >> so the idea here is that if it walks like a duck and talks like a duck it'...

Retainer? i'm never quite sure when i should do that. should it be a project basis or have somebody already on retainer on standby? >> you laughed at this question. >> i play like softball every sunday with a bunch of attorneys. they argue over balls and strikes. in slow-pitch softball. you want to stay away from attorneys as much as you possibly can. >> you need them sometimes. >> i've been in business 20 years and i've never used an attorney. and if i -- at the very beginning when i was setting up my business. i only have ten employees, it's not that big of a business. i don't have anybody o...

Preneur, when is the appropriate time for me to bring in legal counsel on retainer. i'm never sure when i should do this. >> i play softball every sunday with a bunch of attorneys, they argue strikes. you want to stay away from attorneys as much as you can. >> you need them sometimes. >> i even been in business for 20 years and i've never used an attorney. at the very beginning i did. i only have ten employees. it's not that big a business. if i need an attorney, aisle find an attorney on a project basis. >> for me they come in handy. they come -- not on retainer. project by project basis. i w...

Run these construction projects. plas as they are called make it possible for collective bargaining on a project basis. and it's a terrific name for the unions. it's a union subsidy deal. >> comes in with a much lower bid to do something you can't get it. >> you can't worry about those bid levels. even if you bring in nonunion folks. you can't do it on a low bid. >> bill: is this democracy now? i don't understand. you have got a company that's going to come in and do the job for less money? and can't get it? >> you have got governor christie and his good friend steve swaney who is also the hea...

Run these construction projects. plas as they are called make it possible for collective bargaining on a project basis. and it's a terrific name for the unions. it's a union subsidy deal. >> comes in with a much lower bid to do something you can't get it. >> you can't worry about those bid levels. even if you bring in nonunion folks. you can't do it on a low bid. >> bill: is this democracy now? i don't understand. you have got a company that's going to come in and do the job for less money? and can't get it? >> you have got governor christie and his good friend steve swaney who is also the hea...