Eden: How to avoid worker misclassification

From OANow.com — Tommy Eden writes:  “The next time you are trying to decide how to properly classify someone as an employee or an independent contractor, understand that the right to control the means and manner of performance is a key factor — with about 20 other factors to boot. So ask yourself the following questions before you hire that person as a 1099 contractor and not an employee (complete five-part checklist at www.alabamaatwork.com):

» Will the individual be required to devote essentially full-time hours to perform services for the business, making the individual unable to perform services for other customers during the performance period?

» Will the individual be expected or required to perform essentially full-time work hours at the business or at facilities operated by the business?

»  Will the individual be required to comply with instructions from a business supervisor, as to where, how and when the work is to be performed?

» Will the business be responsible for hiring, supervising and paying workers who will substantially assist the individual in performing the requested services?

» Will the individual be paid on a recurring basis for a fixed amount?  (For example, will the individual be paid every month for several months for a fixed amount, instead of on a per project basis?)

» Will the individual work as part of a team of regular employees and will the individual’s day-to-day participation be essential to the successful performance of the employee team?

» Is the individual expected or required to perform work during hours that are set by a business supervisor?

» Will the individual perform services for which the business is concerned with the methods used to obtain the results (and not just with the results)?

» Will the business provide a significant amount of tools, equipment or other materials needed by the individual to perform the agreed-upon work?…”

Read the full story at Eden: How to avoid worker misclassification

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