Independent Contractor or Employee? The Basics

Sklover Working Wisdom

Ira didn’t see any difference between what he did and what the law firm’s associate attorneys did, and wondered why he was considered an “independent contractor,” and they were considered “employees,” and why he was not entitled to all of the benefits they were. These labels include “employee,” “partner,” “independent contractor,” “vendor” and the like. What is an independent contractor? On the other hand, independent contractors have certain advantages that employees do not.

“Does an independent contractor have a duty of loyalty?”

Sklover Working Wisdom

Question : If an independent contractor is a subcontractor to a business, can the independent contractor bid against that business on a totally unrelated project? That is, does an independent contractor have a duty of loyalty, like an employee has? Also, can an independent contractor be liable for anything under the law of agency? An independent contractor has only those duties to its client that it has agreed to.


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How to Develop a Strong Contractor Relationship

The Undercover Recruiter

When recruiting a contractor, it is vital to source the perfect candidate for the job role and the company. As independent contractors don’t have the same compensation benefits and employment rights as full-time workers, it can be easy for them to leave a job if they become dissatisfied with the arrangement. Should this happen, you are likely to sever ties with both the contractor and client as you have been unable to live up to your end of the deal.

Contractor Case Files: Solving the Two Major Pitfalls of Going Solo

Ms. Career Girl

Being a contractor or freelancer is not all it’s cracked up to be. Securing a regularly compensated, full-time position a traditional and safe bet, but if you are more of a risk taker becoming a contractor can be highly profitable. To be able to best secure a financial planning partner, ask for freelancer/contractor specific plans. Contractors usually get the short end of the stick when it comes to securing mortgages. Do you have tips for contractors?

contractor deleted shared files I paid for, it is OK to discuss a firing with others, and more

Ask a Manager

This post, contractor deleted shared files I paid for, it is OK to discuss a firing with others, and more , was originally published by Alison Green on Ask a Manager. Contractor deleted shared files that I still need.

2021 37

are these unreasonable expectations for a part-time contractor?

Ask a Manager

However, if I am only being compensated for 15 hours per week, I feel like being on call is an unreasonable expectation — especially since I need to take on additional freelance and contract work in order to make a sufficient salary. In fact, they have a very consistent history of hiring contractors into full-time roles! Is it reasonable to expect a part-time contractor to be super responsive to all emails and have open availability for calls and meetings on a daily basis?

2020 22

employer wants to illegally treat me as a contractor, rather than an employee

Ask A Manager

The woman who interviewed me — who is also the CEO — has told me this full-time position will be “independent contractor” status. Note from Alison: These things are part of the government’s test for whether a position qualifies as an employee or an independent contractor.) I’d also have to work “tons of overtime” that I won’t be compensated for and it sounds like she will be very hands on in how I perform my job. .

“Becoming a Consultant? – Here are 21 Smart Points to Raise”

Sklover Working Wisdom

The reduction in employee headcount provides employers with lower overall expense, especially as to benefits and legally-required payments, such as mandated contributions to healthcare under the Affordable Care Act, Social Security, unemployment benefits, and workers’ compensation plans. Sklover, of Sklover & Company, LLC, a law firm dedicated to the counsel and representation of employees in matters of their employment, compensation and severance.

2015 116

employee clique is causing problems, employer will pay me more if I work as a contractor, and more

Ask a Manager

Employer will pay me more if I work as a contractor. I asked him to expand upon this, and he said that if I wanted to waive all benefits, including leave, and become a 1099 contractor, they could meet $65k. They can’t just decide to make you a 1099 contractor without restructuring the job; there are legal restrictions on how contractors must be treated. It’s five answers to five questions. Here we go…. An employee clique is causing problems.

1099 31

How You Get Paid is a Pretty Critical Job Consideration

Water Cooler Wisdom

Understand what constitutes an employee versus an independent contractor and is classifying workers correctly. Best Practices Compensation Employment Trends HR Issues TechnologyWhen looking for work, we tend to think about certain key factors. Will the job be something I enjoy doing for many hours per day? Will I get along with my coworkers? What’s the salary or hourly rate?

2021 40

Can Uber-Like "Surge Pay" for Call Center Workers at Zappos Work?

The HR Capitalist

Paul''s an expert in employee engagement, so his natural question is whether surge pricing as a model to compensate call center workers will kill culture and engagement at Zappos. Surge pricing at the ride-sharing company Uber can result in fares that are 5-6 times as expensive than normal , with most of that enhanced fare going to the contractor/employee. Communications Compensation Workplace

2015 108

Entrepreneurs: Looking to Hire? Avoid These 3 Hiring Mistakes

Ms. Career Girl

Perhaps there is business expertise that you don’t have; but a contractor may better suit your needs than a full-time employee. Be clear and upfront about compensation and any opportunities for growth or promotion.

2020 233

6 Workplace Realities Women Will Face In 2040

Water Cooler Wisdom

"Platforms will spring up that know what contractors have certain skills, what they’ve done, and whether they’re available. Contractors will get instantly matched with talent assemblers. Compensation Current Affairs Employment Trends Entrepreneurship Flexible Work Life in the 21st Century Millennials Ownership & Initiative Personal Development Technology WorkMy 4-year-old daughter Serena will be 30 in 2041.

2016 50

Protecting Yourself: Safety Tips For Uber Drivers


As an independent contractor, being an Uber driver is a great way to make some extra cash. The amount of compensation available depends on details like the app’s status and if passengers were present.

2020 151

Amazon Raising All US Workers to a Minimum of $15/hr Is The Simplest Business Decision Ever.

The HR Capitalist

If you work for a contractor of Amazon in delivery, it doesn't impact you. Change Compensation Employee Relations WorkplaceIn case you missed it, Amazon announced today that it would establish a $15/hr minimum hourly wage for all 350,000 of its U.S. employees. The new pay threshold will go into effect Nov. 1 and impact all full-time, temporary and seasonal workers across the company’s U.S. warehouse and customer service teams as well as Whole Foods, the company said in a blog post.

Would You Give Your Employees All Your Money?

Water Cooler Wisdom

We may restrict the model to the core team at some point, but right now we’re experimenting with extending it to some of our independent contractors and it’s working well,” Sims says. “We   Attitude & Motivation Compensation Creativity & Innovation Culture Employment Trends Entrepreneurship ManagementProfit sharing is the new black. But one company, software training firm Agile Learning Labs, has taken it to the extreme.

2012 52

To Freelance Or Not To Freelance: That Is The Question

Ms. Career Girl

There are several factors to consider when deciding whether or not to declare yourself an independent contractor as opposed to a company employee. If it is cheaper and the Internet provides adequate cover, then why not send employees home, skip paying healthcare benefits, skip taking out funds for Social Security, Medicare and Worker’s Compensation, and dispense with the annual employee picnic. Still, there are various reasons you may prefer to be an independent contractor.

Is Your Small Business Breaking Labor Laws? 5 Mistakes to Avoid


Classifying Employees as Independent Contractors. Some small business owners think it’ll be easier and cheaper to classify their employees as independent contractors, so they don’t have to pay payroll taxes or cover benefits like disability and paid leave. But there are rules surrounding who can be classified as an independent contractor and who can’t. You’re a small business owner, not an employment attorney.

2019 109

short answer Saturday: 6 short answers to 6 short questions

Ask A Manager

Here we go… Figuring out pay as a contractor I have never worked as a contractor but was contacted about a potential contract job and asked to provide my pay requirements plus gas cost. Keep in mind that as a contractor, you’ll be paying your own payroll taxes and won’t be getting benefits like health care or paid time off. Reply Charles March 20, 2011 at 12:59 pm “Figuring out pay as a contractor.&#

2011 55

Why You Should Consider Outsourcing Within Your Business

Ms. Career Girl

Taxes, benefits, workman’s compensation insurance, and perks like gym memberships or other items all factor in to the actual cost of hiring employees. Depending on state laws, there are definitions for independent contractors, and if you violate those laws, you have to pay the person you have hired as an employee. Insulate contractors from direct client communication unless absolutely essential.

2018 112

Protect Yourself: Laws Every Employee Should Know

Career Alley

Contractor Law. If you are paid as a contractor, the company you work for must treat you as one. If you are an employee, not a contractor, the law says you must be paid as one and receive the same benefits, such as vacation time and insurance, as other employees. Related posts: 4 Types of Compensation You May Be Owed from Your Company. Employment is generally a necessary part of life.

2013 215

How the #MeToo Movement Has Impacted the Average Workplace

Ms. Career Girl

The state of New York has expanded its sexual harassment laws because of #MeToo, providing further protections for general contractors and domestic employees. Some victims are even getting financial compensations, like those in the Larry Nassar case.

2020 143

Business Owners: Don't Get Tripped Up By Misclassification

Water Cooler Wisdom

  Fortunately, staffing, recruiting and search firm  Wunderland  has provided these tips for accurately telling the difference between a full-time employee and a contractor. Individual is compensated per project and the employer does not withhold taxes. Individual is compensated hourly or via salary and the employer withholds taxes.

2015 57

Biography Writer Wanted (via CraigsList)

Telecommuting Journal

If you do not have an oDesk contractor account, please create a new one at 2) Please ensure that you have completed the Education and Employment History sections on the Resume tab of your oDesk contractor profile. Compensation: $20 per piece (250-350 words). Writers needed for long-term project (Telecommuting okay). A personal PR firm is seeking skilled, detailed writers experienced in writing web copy. This is a remote contract position with flexible hours.

How the Paycheck Protection Plan Can Help Save Your Business

Evil HR Lady

” If Reilly’s interpretation is correct (and I think it is), it opens up coverage to contractors and independent business owners.

2020 241

Share Your Passion – Be an Guide

Telecommuting Journal

If you’re looking for legitimate work at home jobs you might keep running across writing gigs that note “$675/mo base” as the compensation. hires independent contractors to contribute content to the website as either a Guide, a Topic Guide, or a Video Producer. An independent contractor, or freelancer, isn’t employed by the company directly so for tax purposes you’ll be getting a 1099, not a W-2.

2011 100

Is Your Work Environment Safe?

Ms. Career Girl

Safety Works recommends looking through your records, OSHA logs, workers’ compensation reports and employee complaints to look for patterns of unsafe conditions or practices. Once you identify any potential hazards, you may want to bring in an inspector, contractor or other professional to fix the problem areas. The federal Occupational Safety and Health Administration (OSHA) employs about 2,100 inspectors to cover more than 8 million worksites around the country.

2017 100

The True Lesson From Comcast: Hiring is Everything


My guess is the retention specialist was compensated for not only converting that customer to sticking around but also the time spent on the call. Not just hiring the right contractor or retention specialist. HR has a hand in the game as they are responsible for moving these employees through systems, providing support and most importantly setting compensation standards and bonus structures for those that meet expectations for the particular job at a company.

2014 115

“Must an employee be paid to sign a non-compete?”

Sklover Working Wisdom

Question: Is it true that a non-compete agreement can only be enforced when the employee signing it is compensated for giving up their rights? I worked for a company as a 1099 independent contractor for several years. Then I was brought on as a W-2 employee, and the compensation remained the same. When I became a W-2 employee, I was required to sign a new and detailed non-compete agreement, but not compensated extra for signing it.

Ensuring Employers Are Properly Paying You

Ms. Career Girl

Every time you take a work phone call, send an email, or do an assignment off-site it should be compensated. These types of employees are not guaranteed overtime : Independent contractors. The Fair Labor Standards Act was developed to ensure that employees receive fair compensation for their hours worked. The post Ensuring Employers Are Properly Paying You appeared first on Ms. Career Girl. Student loans. House payments. Utilities.

2015 122

“What is Joint Employer Liability?” Many Workers Have Two Employers, But Don’t Know It

Sklover Working Wisdom

He was considered an “independent contractor” and earned $35 per hour for his efforts, without benefits. He was told “No,” as overtime pay was given only to “employees” and that he was an “independent contractor.”. These protections are also often denied workers denied the status of “employee”: (i) unpaid medical leave, (ii) occupational safety protections, (iii) Workers Compensation coverage for workplace injuries, and (iv) even protection from harassment and discrimination.

2015 109

Seven Short Q & A’s on Sunday

Sklover Working Wisdom

Would those same rules apply to independent contractors? With independent contractors, the presumption is the exact opposite: it is presumed to be the property of the independent contractor, unless an agreement was entered into that says it belongs to the company hiring the independent contractor. HL, not only am I not licensed to practice law in California, but I am not experienced in Workers Compensation, which is a sort of “subspecialty” in employment law.

2011 116

Negotiating Salary: Tips For Professional Women

Career Realism

We are good at handling all sorts of negotiations at home—the contractor we hire for the bathroom renovation, the amount of screen time allowed to our teenager if grades improve, the next vacation spot—but when it comes to negotiating salary, we're not that great.

2021 83

6 Ways HR Can Protect the Return on Social Media Investment


Work performed within regular business hours is typically compensated through wages or salary. Alternatively, the employer may set up an independent contractor relationship with the individual to work on the company’s Internet presence – but watch out, there are rules governing the contractor relationship and if you don’t comply, you could be in a world of trouble with the state or federal agency enforcing wage and hour laws or even the IRS.

Starting Your Own Company? Consider a Payroll Service

Ms. Career Girl

If you are starting your own business, and hiring employees or contractors, you may be tempted to do the payroll yourself. Even if you’re a small business, with fewer than 20 employees or contractors, you can still save money by outsourcing your payroll. In fact, reliable compensation is as important as communication in fostering trust among your workforce.

Work as a Virtual Assistant : Insider Tips

Ms. Career Girl

3. Are there any tips you'd give to someone considering being a virtual assistant in regards to: a. What to expect in compensation compared to traditional employment. Most virtual assistants are 1099 contractors, which means the compensation can vary depending on your employment agreement—whether you’re truly on your own as a freelancer, working through a placement organization like eaHELP or hired on directly through the organization.

2016 105

“If my offer letter states three different ways to pay me, which one is right?”

Sklover Working Wisdom

I signed an employment offer letter with a defense contractor last October to work in Afghanistan. If you need you might consider obtaining one of our best selling Model Letters entitled “Demand for Unpaid Employment Compensation&# [ click here ]. Question: Hi, Alan. The offer letter stated (a) an “overseas” rate of $81.30 per hour, (b) a “stateside” rate lower than that, and (c) an annual rate of pay.

2010 116

Seven Short Q & A’s on Saturday

Sklover Working Wisdom

The best answer I can give you is that the “prevailing view” among attorneys and courts as to Illinois law is that your non-compete agreement is valid and enforceable unless either (i) your former employer broke an employment contract or promise of compensation, or (ii) your former employer did not act in “good faith” when they eliminated your position. Question 3: I used to work for a government contractor as an independent contractor.

2011 118

With the Government Shut Down, It’s Employers Gone Wild


This group oversees HR and workplace topics like worker’s compensation and the OFCCP. Unfortunately, those employers who are government contractors and are required to use e-verify are left out in the cold. Employers, today is officially your get out of jail free. List of US Agencies Impacting Employers During Government Shut Down.

2013 119

I'm Not Applying for Your Open Position Because Your Posting.

Career Solvers

Telling an HR contractor or a recruiter who does not understand the techno-babble very well either (but will not admit that) to filter resumes by techno-babble which you do not actually need will keep out the candidates you want. Business Email Etiquette Astron Solutions WindMill Networking Personal Branding Blog AOL Jobs and Careers Compensation Force Cube Rules Evil HR Lady LinkedIn Profile JibberJobber Twitter Updates Subscribe Subscribe to this sites RSS feed.

2010 63

my friend is a bad employee, will attending an anti-gay college hurt me, and more

Ask a Manager

I believe that kind of autonomy over your work means you’re definitely a contractor and not a company employee. law actually doesn’t have black and white rules to determine if you’re an employee or an independent contractor; it depends on the entirety of the situation.

2021 50

Senior Completions Engineer

Job Shoe

Compensation. $0. Will assure assigned wells are properly permitted and serve as a primary liaison with governmental regulatory offices Will manage contracts and contractors to continuous improvement Is accountable for knowledge of and compliance with all applicable regulations and company HES training requirements and policies. Company. EEG Recruiting. Location. Santa Clarita, CA 91380. Education. Bachelor of Science. FullTime. Experience. Experienced. Posted On.

Safety Professional

Job Shoe

Compensation. $0. Provides safety leadership coaching to operations and contractor leaders. Company. EEG Recruiting. Location. Belfield, ND 58622. Education. Bachelor of Science. FullTime. Experience. Experienced. Posted On. 5/25/2011 2:35:40 AM. Supports operations personnel with health and safety issues. Assesses safety processes in the field. Supports emergency preparedness and response efforts, assists operations with response drills. Travel through the area on a regular basis.