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A contractor is a contractor

Posted By: is a contractor on 2009-05-11
In Reply to: Independent Contractors and Schedules - Irritated

My brother is a painting contractor, doing primarily office/industrial jobs.  When he bids on a project the buyer can make certain reasonable conditions: You can start any day after May 15 and we want you finished by our big open house June 1.  You have to work after business hours, i.e., from 6 p.m. to 7 a.m. or weekends.  We want high-quality washable semi-gloss paint.  Don't splatter paint on the floor, furniture or woodwork; you are responsible for damages.


He tells them what he charges.  If that works for both parties and everyone's needs can be met, then they sign the contract. 


What the buyer cannot do is specify:  Your crew will consist of 5 men.  You will clock in from 6:01 p.m. to 6:59 a.m. every day from May 16 through May 31.  You must use a 2 boar bristle brush and 12 rollers with 1/2 nap.  You must mask off all woodwork and use 12' x 12' vinyl drop cloths.  (It is understood that you are hiring a professional and he already knows how to do the job.) You will use 100 galons of  XYZ brand paint which you can only buy from my cousin Vinnie.


Only the most general control can be exercised by the company hiring the contractor.  Obviously the location where this type of work will be done is fixed.  The date and time parameters are much less specifc.  The methods and materials are completely up to the contractor. 




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Are you an independent contractor?

Here's the link:
http://www.ebluewave.com/downloads/independent_contractors_20_questions.pdf


In the simplest of terms ... if you are looking for someone to hire you, then you're not independent contractor. However, if you see yourself as a one-person MTSO, and you conduct yourself in that fashion, then you are an IC.

I hope this helps at least one person. 


I AM AN INDEPENDENT CONTRACTOR
SEE WHERE IT SAYS IC????? I DON'T KNOW ANYTHING ABOUT EMPLOYEE STATUS!
IC status (independent contractor) sm

is just like it sounds.  You are contracting work independently from the company.  You pay all your own taxes including the other half of your SS which is called self-employment tax.  They cannot set your hours, but most places like to know an approximate time when you will be working.  I was IC for MQ for years and then they went to SE status where they had a little more control and then this.


Also, because you are IC you get no benefits whatsoever.  You are self-employed.  So if benefits are what you need, this is not for you.  But, if you need the flexibility it may work for you.  It worked for me for years.  Supported a family on it.  It was much better than what they have now.  In my case, I could actually pay my own insurance and disability insurance and still come out better. It just depends on the production you are able to do.  If you have any more questions, feel free to e-mail me.


Independent contractor status
Am nervous about this status as I have never been an IC before, but am willing to try it, just don't want to be highly disappointed.

Definition of an Independent Contractor
Defining the Independent Contractor

No consistent, uniform definition distinguishes an employee from an independent contractor. Some statutes contain their own definitions. The U.S. Supreme Court has held that when a statute contains the term employee but fails to define it adequately, there is a presumption that traditional agency-law criteria for identifying master-servant relationships apply (National Mutual Insurance Co. v. Darden, 503 U.S. 318, 112 S. Ct. 1344, 111 L. Ed. 2d 581 [1992]).

One comprehensive test that takes into account agency-law criteria and numerous other factors courts have created to define independent contractor status was developed by the Internal Revenue Service. Known collectively as the twenty-factor test, the enumerated criteria generally fall within three categories: control (whether the employer or the worker has control over the work performed), organization (whether the worker is integrated into the business), and economic realities (whether the worker directly benefits from his or her labor). The twenty factors serve only as a guideline. Each factor's degree of importance varies depending on the occupation and the facts involved in a particular case. Twenty-factor test [nl] 1.

A worker who is required to comply with instructions about when, where, and how he or she must work is usually an employee.

2.

If an employer trains a worker — requires an experienced employee to work with the worker, educates the worker through correspondence, requires the worker to attend meetings, or uses other methods — this normally indicates that the worker is an employee.

3.

If a worker's services are integrated into business operations, this tends to show that the worker is subject to direction and control and is thus an employee. This is the case particularly when a business's success or continuation depends to a large extent on the performance of certain services.

4.

If a worker's services must be rendered personally, there is a presumption that the employer is interested in the methods by which the services are accomplished as well as in the result, making the worker an employee.

5.

If an employer hires, supervises, and pays assistants for a worker, this indicates control over the worker on the job, making the worker an employee.

6.

A continuing relationship between a worker and an employer, even at irregular intervals, tends to show an employer-employee relationship.

7.

An employer who sets specific hours of work for a worker exhibits control over the worker, indicating that the worker is an employee.

8.

If a worker is working substantially full-time for an employer, the worker is presumably not free to do work for other employers and is therefore an employee.

9.

Work performed on an employer's premises suggests the employer's control over a worker, making the worker an employee. This is especially true when work could be done elsewhere. However, the mere fact that work is done off the employer's premises does not necessarily make the worker an independent contractor.

10.

If a worker is required to perform services in an order or sequence set by an employer, the employer has control over the worker that demonstrates an employer-employee relationship.

11.

A worker who is required to submit regular oral or written reports to an employer is likely an employee.

12.

Payment by the hour, week, or month tends to indicate that a worker is an employee; payment made by the job or on a straight commission points to an independent contractor.

13.

A worker is ordinarily an employee if an employer pays for the worker's business or travel expenses.

14.

An employer who furnishes a worker with significant tools, materials, or other equipment tends to show that the worker is an employee.

15.

A worker who significantly invests in facilities used to perform services and not typically maintained by employees (such as office space) is generally an independent contractor.

16.

A worker who can realize a profit or loss resulting from her or his services is generally an independent contractor.

17.

A worker who performs for more than one firm at a time is generally an independent contractor.

18.

If a worker makes his or her services available to the general public on a regular and consistent basis, that worker is generally an independent contractor.

19.

An employer's right to discharge a worker tends to show that the worker is an employee. An employee must obey an employer's instructions in order to stay employed; an independent contractor can be fired only if the work result fails to meet the agreed-upon specifications.

20.

If a worker has the right to terminate her or his relationship with an employer at any time without incurring liability, such as breach of contract, that worker is likely an employee.

See: Employment Law; Labor Law; Master and Servant.
Employee versus Independent Contractor

http://jobsearchtech.about.com/od/laborlaws/l/aa121800.htm


I have read this article (you have to scroll down a little, but I have found it helpful in explaining some things regarding IC vs Employee.  Just wanted to share for anyone who is interested.      


 


Independent contractor or employee status
Me again.  Does Transcription Relief hire independent contractors, or are you considered an employee?
this may sound dumb but what exactly is an independant contractor?
I've always been an employee
Diskriter, contractor or regular employee
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Does that $0.9/65 Independent Contractor job come with food stamps?/sm

Does that $0.9/65 Independent Contractor job come with food stamps?

































































INDEPENDANT CONTRACTOR


 


EXPENSES


$0.09/65


 


$0.11/65


lines/8 hr day/40 hr wk


1200


 


1200


$/day


 


$108.00


 


$132.00


$/wk


 


$540.00


 


$660.00


$/yr


 


$28,080.00


 


$34,320.00


Health Ins @ 60+


$12,000.00


$16,080.00


 


$22,320.00


2 wk off/pd vac/PDO


$1,080.00


$15,000.00


 


$21,240.00


op costs


$1,200.00


$13,800.00


 


$20,040.00


minus taxes


$2,760.00


$2,760.00


 


$4,008.00


 


$17,040.00


$11,040.00


NET


$16,032.00


 


Who hires for TRUE independent contractor sm

positions..  Ones where they give you a set amount of lines and you set your own hours just as long as you get the transcription done within that period of time. 


Independent contractor versus employee?
Can someone please tell me the difference between independent contractor and employee status?  I was employed for a company about 6 years ago where I was an independent contractor and they didnt take out federal taxes.  I then went to a company as an employee status where they did take out federal taxes out of my check?  As an independent contractor, do they all not take out federal taxes and can you request that they do if that is the case?  I have almost 10 years experience and have been applying for jobs left and right with no response and have only been answering ads for employee based work because of the federal taxes?  I can not understand why I am not getting any responses.  What am I doing wrong?
SC meaning SE (statutory employee) and or IC contractor.
Still looking for help on employee positions with no VR which are good. Thanks.
I SAW a book on it once, too. It was called The Independent Medical Contractor.
nm
Do they offer both statutory employee and independent contractor status? Thank you! NM
NM