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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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Type
Title
Date
State
170308
index.aspx
Guidance
Employee or Independent Contractor? DOL Changing Rules for Test
03/01/2021
National
170227
index.aspx
Guidance
Gig Worker Misclassifications: How to Avoid DOL and IRS Scrutiny, Citations, and Costly Penalties (12/2019)
02/13/2020
National
156461
index.aspx
Analysis
Independent Contractors
03/04/2009
National
156320
index.aspx
Questions & Answers
Would 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?
12/15/2008
National
155687
index.aspx
Questions & Answers
Are we required to have independent contractors fill out an I-9 Form and provide documents that establish identity and employment eligibility?
09/11/2007
National
155370
index.aspx
Questions & Answers
Can an independent contractor participate in a company's 401k plan and/or stock option plan?
11/14/2006
National
155258
index.aspx
Questions & Answers
How can an employer obtain an Internal Revenue Service (IRS) determination regarding the status of a worker or a class of workers?
08/01/2006
National
153533
index.aspx
Questions & Answers
I use a lot of independent contactors; are they considered my "employees"?
11/16/2003
National
151796
index.aspx
Questions & Answers
With 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?
05/23/2003
National
152864
tools.aspx
Forms
Model Client-Independent Contractor Agreement
02/06/2003
National
153068
tools.aspx
Checklists
Independent Contractor Checklist
01/30/2003
National
153067
tools.aspx
Checklists
Summary of IRS 20-Factor Test
01/28/2003
National
151795
index.aspx
Questions & 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?
01/03/2003
National
151793
index.aspx
Questions & Answers
What 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?
07/11/2002
National
151792
index.aspx
Questions & Answers
we 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?
05/02/2002
National
151791
index.aspx
Questions & Answers
If 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?
12/10/2001
National
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