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which stated in pertinent part:
To all Workers:
From Marvin Barmes, General Manager
You will receive a W-2 for the period worked for Marvin
Barmes (Barbara’s Gift Shop/Barmes Wholesale), January
1, 1995 thru October 12, 1995.
On October 12, 1995, Barbara’s Gift Shop and Barmes
Wholesale businesses became part of a Trust. All
workers were hired on by the Trust.
The Trust will issue 1099s for your worked [sic] per-
formed thereafter.
All workers will be responsible for any/all taxes owed.
Some may be required to file quarterly taxes. You may
want to consult your tax preparer, CPA or call IRS at
1-800-829-1040.
An additional 25 cents will be added to your hourly
compensation, effective on compensation starting Octo-
ber 15, 1995.
* * * * * * *
This is your last paycheck from Marvin L. Barmes, Sr.
Your vacation check is for accrued vacation pay.
Your next checks will be from the Trust, as compensa-
tion for your work.
“WORK FOR HIRE STATEMENT”
Clarifying the status of the worker!!!
1. Supervisors have the right to approve the end
product.
2. Don’t require salesperson to collect money from
accounts on behalf of the *dba.
3. Don’t provide *dba car, business cards, samples,
stationary [sic], and/or reimburse rent.
4. Workers are not required to work exclusively for
the *dba.
5. Don’t provide workers with insurance benefits.
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