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<blockquote data-quote="Snarf Zagyg" data-source="post: 9263182" data-attributes="member: 7023840"><p>As someone who has dealt with this a LOT in the past ... I think you are being overly generous here.</p><p></p><p>Simply put, there are a lot of employers who simply want to have employees, but use "independent contractor" as a dodge in order to avoid the various issues that come up with the employee status. In other words, it's easier (and less expensive for them) to just "1099" their employees. Even though this is unlawful. </p><p></p><p>The factors are listed as follows for determining the employment relationship-</p><p>(1) the extent to which the services in question are an integral part of the `employer[']s' business; (2) the amount of the so-called `contractor's' investment in facilities and equipment; (3) the nature and degree of control by the principal; (4) opportunities for profit and loss; . . . (5) the amount of initiative judgment or foresight required for the success of the claimed independent enterprise[;] and [(6)] permanency of the relation.</p><p></p><p>But as a general rule, if the person is doing work for you as part of their "own thing," then they are an independent contract. Say, for example, a plumber. Or an artist that you hire to make illustrations for a book.</p><p></p><p>If, however, you are dictating the hours of work and the location and time of the work, then you're probably dealing with an employee., not an independent contractor.</p></blockquote><p></p>
[QUOTE="Snarf Zagyg, post: 9263182, member: 7023840"] As someone who has dealt with this a LOT in the past ... I think you are being overly generous here. Simply put, there are a lot of employers who simply want to have employees, but use "independent contractor" as a dodge in order to avoid the various issues that come up with the employee status. In other words, it's easier (and less expensive for them) to just "1099" their employees. Even though this is unlawful. The factors are listed as follows for determining the employment relationship- (1) the extent to which the services in question are an integral part of the `employer[']s' business; (2) the amount of the so-called `contractor's' investment in facilities and equipment; (3) the nature and degree of control by the principal; (4) opportunities for profit and loss; . . . (5) the amount of initiative judgment or foresight required for the success of the claimed independent enterprise[;] and [(6)] permanency of the relation. But as a general rule, if the person is doing work for you as part of their "own thing," then they are an independent contract. Say, for example, a plumber. Or an artist that you hire to make illustrations for a book. If, however, you are dictating the hours of work and the location and time of the work, then you're probably dealing with an employee., not an independent contractor. [/QUOTE]
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