Know the Rules Before You Hire an Independent Contractor

Nolo, September, 2004

A number of laws govern whether a worker is an independent contractor (IC) or an employee, and each of these laws has a different way of looking at the issue. For example, the IRS has one method of determining whether a person is an independent contractor, but your state workers' compensation board may use a different test.

Because of all these different laws (often referred to as "worker classification" rules), the issue of whether a worker is an IC is not one question, but many. Employers who don't take the time to learn the rules before they hire an independent contractor can get hopelessly confused as to when the worker is an IC and when the worker isn't -- and the confusion can lead to trouble with one agency or another. If you want to avoid problems such as fines and...

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