How to know whether you’ve got an employee or independent contractor

Las Vegas skyline at sunset

From Vegas Inc. — “The Nevada Supreme Court recently adopted the federal economic realities test to determine under Nevada wage laws whether someone is an independent contractor or employee. Criteria include: • The degree to which the person’s work is controlled by the organization. • The individual’s investment in facilities and equipment, if any. •…

I’ve hired an independent contractor. What legal concerns should I have?

From Integrated General Counsel, a one-minute video on the legal concerns of hiring an independent contractor. Related posts: FedEx Ground Settles Drivers’ Independent Contractor Misclassification Case in Maine for $5.8 Million From the Independent Contractor Compliance and Misclassification Legal Blog — “141 drivers classified as independent contractors by FedEx Ground will receive $5.8 million in settlement of…

W2 Employee or 1099 Independent Contractor? A Quick Primer

1099 forms

From the Work Market Blog — “Ultimately, determining how to classify and pay a worker depends on the business relationship that exists between you and the individual. Information that provides evidence on the degree of control and independence falls into three categories (via IRS.gov): Behavioral: Does the company control or have the right to control…

No, No, No – Your Independent Contractor Cannot Sign A Noncompete. Never. Ever.

sample non-compete agreement

From Mondaq and Strasburger — Tiffany Hildreth writes  “As we all know, there is no one right answer for determining employee –v- independent contractor because each agency has its own multi-factor test and it’s very fact specific, etc. BUT, employers MUST know that they CANNOT have their independent contractors sign a noncompete agreement because that…