Employee or Independent Contractor? Ten helpful questions.

Rachel Dickey's Labor and Employment Legal Blogs

Licensed for 8 years

Attorney in Louisville, KY

Rachel Dickey

Credit cards accepted, Fixed hourly rates, Fixed fees available

Serving Louisville, KY

  • Serving Louisville, KY

  • Credit cards accepted, Fixed hourly rates, Fixed fees available

Attorney, Marketing Director at firm Weber Rose, PSC

Serving Louisville, KY

Credit cards accepted, Fixed hourly rates, Fixed fees available

For many Louisville, Kentucky entrepreneurs and business owners, the cost of hiring an employee is daunting and many decide to simply bring on independent contractors. Sure, it’s nice not paying employment taxes, supplying health insurance, workers compensation benefits etc., but the fact of the matter is, calling a worker an independent contract doesn’t make them an independent contractor. It is the nature of the relationship, not the label that matters.

A Wage and Hour Division Investigation in 2015 resulted in more than 74 million dollars in back wages for more than 102,000 employees, who were primarily in low income jobs. They found that many businesses intentionally mislabeled their employees as independent contractors to reduce costs and in turn deprived workers of their rights as employees, including their right to a fair wage. Given the misclassification epidemic, proper classification is all the more important as government agencies crack down.

Unfortunately, there is no clear line that determines when a worker should be classified as an employee or independent contractor and each situation must be looked at on a case by case basis. Generally speaking, the more control the company has over the worker, the more likely the I.R.S. will treat them as an employee. (Here is some guidance from the I.R.S.).

Below are ten questions to serve as a starting point. The more “yes” answers, the more likely a worker will be considered an employee by the I.R.S. However, as previously mentioned, this determination is made on a case by case basis and speaking with an attorney can help you weigh the various factors to determine the appropriate designation.

1. Does the company control the day to day activities of the worker (e.g. you must arrive by 9 and stay until 5)?

2. Does the company provide the worker’s equipment and supplies?

3. Does the company provide training on job specifics and expectations?

4. Is the worker paid on a set schedule (e.g. via biweekly payroll)?

5. Does the worker work solely for the company and have no other clients?

6. Is the company in charge of hiring individuals to work with or to help the worker perform their job?

7. Does the company reimburse all of the worker’s expenses?

8. Does the company, rather than the individual worker, stand to suffer the loss of the worker’s non-performance?

9. Does the company treat other workers doing similar activities as employees rather than independent contractors?

10. Is the work performed by the worker an integral part of the company’s business?

If you are an independent contractor and you want to learn more about the self employment tax, visit this link.

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