Tag: Independent Contractors

Question: Should employers be concerned regarding any wage and hour regulations if independent contractors attend a company holiday party? Answer: Assuming all independent contractors are properly classified and meet state regulations, wage and hour considerations only apply as they may be dictated in the contractor’s agreement with your business. Review the agreement in place to determine if…

Question: How can you determine whether a worker is an independent contractor or employee? Answer: Generally, independent contractors are self-employed individuals who work on special projects that require no training, may work from either the employer site or another location, and do not need direction or the company’s materials to do the job. Additionally, these…

Question: Is there a requirement to check the visa of an International worker who is an independent contractor living in the United States but not a US citizen? Answer: Generally businesses are not required to verify the legal employment status of truly independent contractors performing services for the business because those workers are not considered employees…

The following question recently came from one of our clients requesting our assistance to better understand and manage this issue. Question:  My boss would like to pay an independent contractor a “bonus”.  I am concerned about using the term “bonus” within the IRS definitions of the independent contractor classification. Is there any way we can…

Question:  Is an independent contractor in California entitled to paid time off from the company he’s doing work with for the birth of a child? Answer: If accurately classified, an independent contractor does not qualify for many of the benefits and requirements provided by federal and state employment laws for regular employees of a company…

Hiring Independent Contractors

The dilemma of whether to hire an independent contractor or a regular employee can be daunting, especially to small business employers. There are three rules: Know the law, hire carefully, and retain the knowledge. Check out this excellent article from Katherine Reynolds Lewis in The New York Times on the topic. Katherine’s bottom line: “Do…