How Do You Distinguish Between An Employee & An Independent Contractor?
“Distinguishing between an employee and an independent contractor can be a difficult task in some cases. My name is Gloria Campbell. I’m with Advantage Training Systems, in St. Petersburg, Florida, and I’m going to give you some guidelines on how you might be able to distinguish between an employee and a sub-contractor. The first thing I’m going to suggest you do is that you look at what the federal laws say regarding independent contractors and employees. One of the primary differences between whether you categorize someone as a sub-contractor or an independent contractor and an employee is do you have control over their time? Do they have a schedule? Are they required to show up for work at a particular time, eight a.m. Monday through Friday, or certain times? That’s one of the tests that the federal wage and hour laws will use to determine whether someone was actually an independent contractor or an employee. You want to do that very early. You also want to make sure that an indepen
