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Employee/independent contractor clasification......... Come on lawyers help me

Discussion in 'Tanning' started by T+T, Nov 4, 2014.

  1. T+T

    T+T New Member

    I was wondering the probability of a shaver being deemed by the govt as an independent contractor or are they, in the long run, going to be employees.

    Thanks so much in advance

    Tyler
     
  2. Frank E. Kotula

    Frank E. Kotula master, judge, instructor

    Independent or not when it comes to the law you are all employees of a company no matter what. I was a sub contractor who had his own insurance and what not received a 1049 cause of being a sub, but when I got into an accident while working for this company they had to pay compensation........
    So in retro to you question if your a sub you do pay your own taxes but they still end up being your employer as long as your on their property.
     

  3. TnT, it can be complex and difficult to determine. For instance... Employee if you pay an hourly rate, reimburse expenses, direct daily work activities and many more issues. Try sorting thru the IRS link below and take your best shot. Better yet, call your local Small Buisness Assistance group and discuss it with them.

    http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Independent-Contractor-Self-Employed-or-Employee
     
  4. coues_deer

    coues_deer New Member

    145
    0
    USA
    Tyler - In most cases they end up being employees. The IRS looks at whether or not they can make a gain on the work or more importantly sustain a loss. Lets say a cape gets ruined during the process, who takes the hit you or the shaver? Do you have control over how the work is to be done? Who provides the machinery and other supplies? Can they sub out the work to someone else? What happens if they get cut? Unless they can financially take a loss on the job they are usually classified as an employee.