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Independent Contractors
 
 
National Summary

Employers frequently retain the services of independent contractors (also referred to as consultants or freelancers) to assist them during peak business periods, to work on special assignments, and to perform services that are not part of the employer's regular business. Employers do not pay employment taxes for independent contractors and do not withhold federal, state, and local taxes from payments made to independent contractors. Independent contractors are not included in an employer's benefits programs, and they are not eligible for unemployment insurance benefits. Independent contractors are also exempt from wage and hour and employment discrimination laws. However, problems arise when individuals who are truly employees are treated by employers as independent contractors.


 
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TypeTitleDateState
151795faqs.aspxQuestions & Answers We are thinking to hire a consultant overseas; however I would like to know how to report him/her to IRS (1099 purposes) any ideas? National
155687faqs.aspxQuestions & AnswersAre we required to have independent contractors fill out an I-9 Form and provide documents that establish identity and employment eligibility? National
155370faqs.aspxQuestions & AnswersCan an independent contractor participate in a company's 401k plan and/or stock option plan? National
155258faqs.aspxQuestions & AnswersHow can an employer obtain an Internal Revenue Service (IRS) determination regarding the status of a worker or a class of workers? National
153533faqs.aspxQuestions & AnswersI use a lot of independent contactors; are they considered my "employees"?  National
151791faqs.aspxQuestions & AnswersIf I bring on a consultant that bills me for hours worked -- do I need to get any special paperwork filled out from them? Also, are they eligible for time and a half if they go over 40 hours? National
153068timesavers.aspxChecklistsIndependent Contractor National
153477index.aspxOverviewIndependent Contractors Overview National
152864timesavers.aspxFormsModel Client-Independent Contractor Agreement National
153067timesavers.aspxChecklistsSummary of IRS 20-Factor Test National
151792faqs.aspxQuestions & Answerswe are planning to hire "statutory" employees. We intend to pay them on an hourly basis, but not offer benefits, but we will supply them with our technical equipment and support. Is there anything I should know about this senario? National
151793faqs.aspxQuestions & AnswersWhat are the differences between using an independent contractor or an individual who is incorporated? Does the IRS 20 factor test apply to an individual who is incorporated? National
151796faqs.aspxQuestions & AnswersWith a serial killer scare in our area, our carriers are constantly stopped by the local police, who want identification. What could we give the carriers to show police and not jeopardize the "independent" status of our carriers? National
156320faqs.aspxQuestions & AnswersWould it be possible to classify an individual as an independent contractor (working offsite) and still offer benefits? Would you recommend paying on a per job basis to ensure contractor status? National