EMPLOYEE or INDEPENDENT CONTRACTOR GUIDELINE
Trust Book by Jay Lashlee Book

EMPLOYEE or INDEPENDENT CONTRACTOR GUIDELINE

IRS

OSHA

MEDICARE

MEDICAL

UNEMPLOY

WORKERS
COMP

BIZ LIC

HEALTH
INS

Worker Written Contract Determines Job

Worker Determines Hours

Worker Determines Days

Worker Determines Tasks

Worker Sets Prices and Fees

Worker Provides Tools

Worker Provides Transportation

Worker May Turn Down Jobs

Worker Has Own Advertising or Cards

Worker Has Own Invoices and Forms

Worker Provides Own Insurance

Worker Determines Contracts

Worker Selects Multiple Employers

Worker May Hire Associates/Employees

Worker May Delegate Tasks To Others

Worker Has Own Business Identity or DBA

Worker Has Own LLC or Corporation

Worker Has Own Tax Obligations

Worker Has No Company Benefits

Worker has No Overtime Involvement

Worker Provides Own Clothes

Worker Pays Own Expenses

Worker Purchases Own Inventory

As the CHART shows, there is no universal criteria to determine independent contractor status vs: employee classification.

A majority of compliance in most categories should convince any of the agencies that you have complied with your selected position.

If the agency does not agree, it can be an expensive disagreement. Penalties, excessive fees and penalties, and the potential for criminal charges might also be threatened by such an agency.

Normally, they will agree, if you abide by the majority of the above guidelines, unless they advised you in advance, or it is customary (or even required) in your industry to ONLY have employee classifications.

They will also consider if you are mis-classifying employees because of employee abuse, lower than minimal wages, illegal use of aliens, worker comp avoidance, mis-titled job descriptions, or other fraud.
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