Some states like California impose more stringent requirements for classifying workers as independent contractors, and lawmakers at the state and federal levels change or add new tests from time to time. They can use their own methods for completing the work, and don't have to follow an employer's instructions for how the work is done.They can employ subcontractors for all or part of the work (unless their contract with the hiring firm says otherwise).
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They are free to work at a location and during hours of their choosing (although clients can give independent contractors deadlines for completing the work).They are free to perform work for other businesses.They work with their own tools and equipment, not those supplied by the company who hires them.They are paid by the project, not by the hour, week, or month.Workers are generally considered independent contractors when: Graphic designers, truck drivers, gardeners, photographers, accountants, and event planners can all work as independent contractors, provided they meet the federal and state guidelines for classifying them.Ĭourts and governments use a variety of tests to determine when a worker can be classified as an independent contractor. If the worker's situation doesn't fit within the rules, the worker is not an IC, regardless of the employer's wishes. Federal and state laws describe the situations in which a worker can properly be classified as an IC. Independent contractors can engage in nearly any kind of work, but employers can't call just anyone who works for them an independent contractor. Independent contractors are also known as 1099 workers, so named because those who hire them report to the IRS the payments the IC receives, on a form called IRS 1099. By contrast, independent contractors are responsible for paying their taxes directly to the state and federal government. (Of course, the final product has to meet with the client's approval, and independent contractors and clients usually start out with a written agreement or contract that spells out the work to be completed.)Īnother difference between employees and ICs is that employees receive wages or salaries subject to withholding taxes like federal income tax.
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Unlike employees, who are told what to do and how to do it by their employers, independent contractors can set their own rules. They set their own hours, determine where they'll perform the work, and control how they'll get the job done. Independent contractors (often referred to as "ICs") are workers who are self-employed. What makes independent contractors different from employees is not the job they do, but how they do it. Independent contractors can do almost any job, from gardeners to graphic designers. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. You should not send any sensitive or confidential information through this site. Your number will be held in accordance with our Privacy Policy. You will receive up to 2 messages per week from Martindale-Nolo. Attorneys have the option, but are not required, to send text messages to you. You are not required to provide consent as a condition of service. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms.
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