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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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170227index.aspxGuidance Gig Worker Misclassifications: How to Avoid DOL and IRS Scrutiny, Citations, and Costly Penalties (12/2019)  National
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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?  National
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153533index.aspxQuestions & Answers I use a lot of independent contactors; are they considered my "employees"?  National
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?  National
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152864tools.aspxForms Model Client-Independent Contractor Agreement  National
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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?  National
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?  National
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?  National
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?  National
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