Lardiere McNair & Stonebrook, Ltd.
Employee or Independent Contractor?
LARDIEREMCNAIR
June 24, 2014

Have you ever wondered what the difference is between an employee and an independent contractor? Every situation is different, but here is a list of tips and hints.

• A worker required to comply with others' instructions on when, where, and how to work is usually an employee.

• Training a worker indicates that services are to be performed in a particular manner/method.

• Integration of a worker's services into the business operations indicates control.

• Services to be rendered personally indicates control.

• The right to hire, supervise, and pay assistants shows control.

• A continuing relationship indicates control.

• Set hours for the work indicates control.

• Full time work indicates control. An independent contractor is free to work when and for whom he/she chooses.

• Work performed on a business' s premises suggests control.

• A requirement that the worker submit regular or written reports indicates control.

• Payment by the hour, week or month indicates an employment relationship.

• Payment/reimbursement of business expenses indicates an employment relationship.

• Furnishing of tools and equipment indicates an employment relationship.

• Investment by the worker in facilities indicates an independent contractor.

• Ability to realize profit or loss from services indicates an independent contractor.

• Working for more than one firm or business at a time indicates an independent contractor.

• Services available to the general public on a regular and consistent basis indicates an independent contractor.

• The right to discharge a worker indicates an employment relationship.

• The worker's right to terminate the relationship without liability indicates an employment relationship.

 If you have any questions, please contact Lardiere McNair.

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