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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
170342news.aspxNews Judge Declares California’s Prop 22 Unconstitutional, Decision to be Appealed 10/18/2021National
170308index.aspxGuidance Employee or Independent Contractor? DOL Changing Rules for Test 03/01/2021National
170227index.aspxGuidance Gig Worker Misclassifications: How to Avoid DOL and IRS Scrutiny, Citations, and Costly Penalties (12/2019) 02/13/2020National
156461index.aspxAnalysis Independent Contractors 03/04/2009National
156320index.aspxQuestions & 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? 12/15/2008National
155687index.aspxQuestions & Answers Are we required to have independent contractors fill out an I-9 Form and provide documents that establish identity and employment eligibility? 09/11/2007National
155370index.aspxQuestions & Answers Can an independent contractor participate in a company's 401k plan and/or stock option plan? 11/14/2006National
155258index.aspxQuestions & Answers How can an employer obtain an Internal Revenue Service (IRS) determination regarding the status of a worker or a class of workers? 08/01/2006National
153533index.aspxQuestions & Answers I use a lot of independent contactors; are they considered my "employees"? 11/16/2003National
151796index.aspxQuestions & 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? 05/23/2003National
152864tools.aspxForms Model Client-Independent Contractor Agreement 02/06/2003National
153068tools.aspxChecklists Independent Contractor Checklist 01/30/2003National
153067tools.aspxChecklists Summary of IRS 20-Factor Test 01/28/2003National
151795index.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? 01/03/2003National
151793index.aspxQuestions & 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? 07/11/2002National
151792index.aspxQuestions & 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? 05/02/2002National
151791index.aspxQuestions & 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? 12/10/2001National
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