Tag: Commissions
Legal: Pass the test for paying employees
August 23, 2013Edward Vishnevetsky
A. We all know that the federal Anti-Kickback Statute does not allow DME suppliers to pay independent contractors a commission-based compensation for performing marketing and sales services, which is why most DME suppliers that want to pay a commission-based compensation hire marketing and sale personnel as full-time or part-time bona fide employees, pursuant to the “employee” safe harbor to the Anti-Kickback Statute. However, it is important for DME suppliers to remember that paying...