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Common Myths About the Classification of Workers

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MYTH 1: Companies are safe if their independent contractors:

  1. Work sporadically, inconsistently, or on call.

  2. Work for more than one company.

  3. Hire and pay their own assistants.

  4. Claim they operate a separate business or that they are in business for themselves.

  5. Work independently without supervision.

  6. Work without interference from the hiring firm; they have inherent freedom in their jobs.

  7. Work as consultants.

  8. Work one time only or on an as-needed basis.

  9. Are paid commissions only or piecework.

  10. Keep all (or a large percentage) of the fees collected for their services.

  11. Aren't guaranteed a minimum income by the hiring firm.

  12. Ask to be treated as independent contractors; the hiring firm is accommodating their wishes.

MYTH 2: Companies are safe if they:

  1. Get the worker to agree he is an independent contractor.

  2. Prepare a written contract stating the worker is an independent contractor.

  3. Know about other companies which treat similar workers as independent contractors.

  4. Can prove that a worker performing many tasks is a true independent contractor in at least one task.

  5. Do not control the independent contractor's actions.

MYTH 3: Using independent contractors is great because:

  1. Hiring firms aren't liable for independent contractor's actions.

  2. Hiring firms can save a lot of taxes before the government ever catches them.

MYTH 4: Family members, corporate owners, and domestic workers are like independent contractors, so they don't pay employment taxes:

  1. My family members (children, spouses, parents) are owners, just like me.

  2. Corporate directors and sole shareholders are self-employed;.

  3. Baby-sitters, domestic maids, and aides to the disabled are self-employed.

NOTICE: Top Echelon has provided the content of this page for general informational purposes only. You should not substitute this information for personal consultation with a qualified professional in the field, nor should you rely upon this information in taking any action. No attorney-client relationship will be created through your use of this Web site, nor from any response from or conversation with Top Echelon's Legal Department.


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