EFTA02635056.pdf

From: 1 <[email protected]> Sent: Friday, March 15, 2019 4:37 PM To: Darren Indyke Subject: Re: Privileged and Confidential Yes <=iv dir="ltr" class="gmail_attr">On Fri, Mar 15, 2019 at 12:33 Darren l=dyke wrote: To clarify regarding Dec=sion Item 3. Do I exclude the Christmas bonus check stub and and las= payment check stub which references the loan repayment? DARREN K. INDYKE s•***** ttt• The information contained =n this communication is confidential, may be attorney-client/0=A0 privileged, and is intended only for the use of the addressee. =t is the property of Darren K. Indyke. Unauthorized use,4>=A0disclosure or copying of this communication or any part th=reof is strictly prohibited and may be unlawful. If you have rec=ived this communication in error, please notify us immediate=y by return e-mail, and destroy this communication and all c=pies thereof, including all attachments. Copyright of Darre= K. Indyke © 2019 Darren K. Indyke — All rights reserv=d. On Mar 15, 2019, at 12:25 PM, J <=jeevacation@gma=l.com <mailto:[email protected]> wrote: all ok On Fri, Mar 15, 2019 at 12:04 =M Darren Indyke wrote: EFTA_R1_01860492 EFTA02635056  1.Regarding the questionnaire to be returned to VI Department of Lab=r with respect to Kyle Steward. I know you approved the form, but I =idn't like the large number of contractors stated on the document.=C24, Recall the document stated that there are 17 contractors and 21 empl=yees in the same "class" as Kyle. I questioned Daphn= further about it and learned that she included all workers paid as contra=tors and not just landscaper contractors. So, I revised it to change=the number of contractors in Kyle's class from 17 to 4 and the num=er of employees from 21 to 6, which relates to the class of landscape cont=actors and landscape employees rather than all contractors and employees. =C24> 2. Also= Chris Kroblin and I didn't like the reference to non-payment=of taxes that Daphne and Jeanne originally provided in the questionnaire a= one of the reasons to treat Kyle as a contractor. We changed the ex=lanation as to why Kyle is a contractor to read as follows: "Mr. Steward was contracted to provide services as a tempo=ary landscaper for the Island after the Hurricanes. His role was to =erform needed landscape projects until the Island was restored back to nor=al. Accordingly he was not brought on as a permanent employee. =Rather he was contracted solely for the post-hurricane restoration project=" 3. <=span>The questionnaire also includes the following instructions: "Attach copies of any written agreements, billing statements, applicatio=s, or contracts between the firm and the worker. If the agreement was oral= please reduce it=to writing and at=ach. If any State or Federal Agency has ruled on the same job class as this worker or another of the same job class, attach a copy of the ruling. (These documents will no= be returned.)" a Daphne pr=posed to include: all check stubs for checks issued to Kyle which generall= indicate number of days worked and the daily rate. Excluding the separate check s=ub relating to the Christmas Bonus (discussed in 3b below), there are 44 c=eck stubs relating to payments to Kyle Steward dating back to October 2017= I think=the check stubs would be requested anyway and would provide them. Ch=is Kroblin agrees and thinks we should provide the check stubs. b With regard to check stubs, there are=C24>two additional separate issues: There is a check stub whi=h is separate and states that it is a "Christmas Bonus4,=9D as per JE. I suppose that providing Kyle a Christmas Bonus could =ake it seem like Kyle is being treated as an employee. Not sure=if you want to include the stub or delete it. c. Second check stub issue. It is my unde=standing that Kyle's pay was $240 less than it normally is during =ne period. Apparently, Stephanie loaned him $240 to cover the shortf=ll out of petty cash. He had not paid the loan back, so, when he was=let go, there was a deduction from his pay in the amount of that loan (sil=y). The check stub makes a reference to the deduction for the I=an repayment. Does the loan of $240 make it seem more like he is bei=g treated as an employee? =. Daphne also included invoices =ssued with respect to each payment made to Kyle, but the invoices ref=ect billing at an hourly rate, rather than the daily rate reflected on the=check stubs, and the invoices were prepared by the office rather than Kyle= I think that the fact that we prepared the invoices would come out =uring the process (e.g., if asked about invoices, K=le would likely say he never prepared or gave us any invoices). Also,=that the invoices show payment at an hourly rate, which is different than =he daily rate on the check stubs, creates confusion and might cause additi=nal scrutiny. I think that our preparing the invoices would ref=ect negatively and would work against us, so I have excluded the invoices.=/font> 2 EFTA_R1_01860493 EFTA02635057  =font size="1" color="#161616"> e. Daphne also included the In=emnity agreement that we make all contractors, vendors and suppliers sign =nd which states that the person signing the agreement is a contractor, ven=or or supplier. Under this agreement the person who signs it indemn=fies Nautilus, Inc., Great St. Jim, LLC, LSJE, LLC and you for any persona= injury claims arising out of the engagement as a contractor. It inc=udes an assumption of the risk with respect to dangerous conditions and ac=ivities on the properties, a release and a waiver of claims. I think=it could cut both ways because it looks like we make people waive certain =ights to work for us. On the other hand, as Chris Kroblin indicated,=the people who do this are not rocket scientists and are simply looking at=the universe of factors they have been told makes someone a contracto= or employee. The document clearly states the mutual understanding t=at Kyle is a contractor, is responsible for his own evaluation of the cond=tions on the property and for his own conduct, requires him to maintain hi= own insurance and provides additional support for treatment of Kyle as a =ontractor. Also, because we want to provide some documents in respon=e to the specific request on the questionnaire, on balance, Chris Kro=lin would include the indemnity. I agree and would include it a= well. f. Daphne also included=a termination letter, which would ordinarily be ok, but also includes a st=tement that $240 was deducted from final pay to repay a loan Stephanie gav= Kyle. I think the kind of loan we are talking about here might make=it appear that Kyle was treated like an employee, even though paid as a co=tractor, And it is highlighted in the letter, so even if we include =he "loan repayment" check stub, I don't think=we need to highlight it in the termination letter, so I am excluding the t=rmination letter as well. Chris Kroblin agrees. Decisions for you: 1. Are you ok with my ch=nges to the questionnaire as reflected in points 1 and 2 above?=/div> =font size="1" color="#161616">2.=Are you ok with just providing the check stubs and the indemnity ag=eement, and nothing else, in response to the direction on the questionnair=? 3. With regard to check stubs, do you have any direction =n whether or not to exclude the "Christmas Bonus" check stu= and the "loan repayment" check stub? Please advise. Thanks. =font size="1" color="fl161616"> =br> DARREN K. INDYKE 3 EFTA_R1_01860494 EFTA02635058  **** ******* ** ******** **** ******* *•** ********* **,** ******* *** ******* ** ********* *•*** ***** **• * ******* *** The information =ontained in this communication is confidential, may be attorney-=lient privileged, and is intended only for the use of the ad=ressee. It is the property of Darren K. Indyke. Unauthorize= use, disclosure or copying of this communication or an= part thereof is strictly prohibited and may be unlawful. If you have.C24)received this communication in error, please notify us =mmediately by return e-mail, and destroy this communication =nd all copies thereof, including all attachments. Copyright=of Darren K. Indyke - © 2019 Darren K. Indyke — All righ=s reserved. please note The=information contained in this communication is confidential, may be att=rney-client privileged, may constitute inside information, and is inten=ed only for the use of the addressee. It is the property of JEE U=authorized use, disclosure or copying of this communication or any part=thereof is strictly prohibited and may be unlawful. If you have receive= this communication in error, please notify us immediately by return=e-mail or by e-mail to [email protected] <mailto:[email protected]> , and destroy this communication and al= copies thereof, including all attachments. copyright -all rights reser=ed please note The information contained in this communication is confidential, m=y be attorney-client privileged, may constitute inside information, and=is intended only for the use of the addressee. It is the property of Unauthorized use, disclosure or copying of this 4 EFTA_R1_01860495 EFTA02635059  communication or-any part thereof is strictly prohibited and may be unlawful. If you hav= received this communication in error, please notify us immediately by<=r>return e-mail or by e-mail to [email protected] <mailto:[email protected]> , and destroy this communicati=n and all copies thereof, including all attachments. copyright -all rig=ts reserved --0000000000001aa64a058424a4cc-- conversation-id 337125 date-last-viewed 0 date-received 1552667790 flags 8590195713 gmail-label-ids 7 remote-id 913415 5 EFTA_R1_01860496 EFTA02635060