From JDSupra, Daniel Schwartz discusses whether you can still use independent contractors and he concludes that you can if you use them sparingly. If you are in doubt, he likes the “duck” rule:
Despite these specific criteria, I have reached the conclusion that the best test to determine whether a worker is an employee or an independent contractor is the “duck” test—if it looks like an employee, acts like an employee, and is treated like an employee, then it’s an employee
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