Independent Contractor vs. Employee

8From the Law Firm of Leisawitz Heller — “The differences can be boiled down to the degree of control and independence the worker has in these three categories:

1. Behavioral: Does the company control or have the right to control what the worker does,

how the worker does his or her job and whether the worker can also perform services

for others?

2. Financial: Are the business aspects of the worker’s job controlled by the payer?   (These include things like how worker is paid, whether expenses are reimbursed, who  provides tools/supplies, etc.)

3. Type of Relationship: Are there written contracts? Will the relationship continue indefinitely and is the work performed a key aspect of the business?

Unfortunately, there is no set number of factors that brands a worker an employee or an independent contractor. The key is to look at the entire relationship and consider the many factors discussed in the three categories listed above….”

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