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Q: If someone works for you as an independent contractor and you write them a check at the end of the week does that mean they are an employee?
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How does the courts differentiate between an employee and and independent contractor?

Courts don't make the decision, law does. There are federal DLSE/Dept of Labor Standards and Enforcement, IRS rules, and state mandates providing the definition of independent contractor vs employee. Generally, if you are an employee, you would see tax deductions on your check stubs, and a W-2 at the end of the year.l If you are a valid/legal independent contractor, you would receive a 1099. There are very specific rules for both. The answer above is wrong in every way. Courts often need to rule on whether worker X was an employee or not. How the employer pays you is irrelevant to decisions about whether a worker is an employee. IRS and USDOL rules are the factors that courts follow.


Can an independent contractor incorporate?

yes Just check your state laws


In Georgia can your check be garnished if you are an independent contractor?

If you are an independent contractor in Georgia, you should not have a regular paycheck that can be garnished. If you have a regular paycheck from one specific employer and taxes are taken out, it can be garnished.


Can your check be garnished if you are an independent contractor in new york?

In California, yes, and they will take the whole thing, not just 25%


Why did I receive a 1099-MISC?

You usually recieve a 1099-MISC if you are an independent contractor. If you did a side project for a check, then the company does not take out the taxes, but you have to pay the tax on the project.


Can somebody who is on ssid disabilty work as an independent contractor?

If you are receiving disability payments, that means you've stated you are disabled and not able to work. So you cannot legally (or honestly/ethically) work as a contractor, or any other position and draw a disabiltiy check, too.


Can an employer use W-4 to withhold taxes and give employee a 1099?

No. A 1099 is issued to self-employed contractors hired to do a job. If your employer issued you a 1099, they are telling your state's Dept of Employment and Dept of Revenue that you're an independent contractor (self-employed). This means they generally are not withholding any taxes from your pay, nor are they paying their share of payroll taxes or paying unemployment insurance for you. This puts you on the hook for all your own self-employment taxes (FICA & Medicare) which is shared between an employer and an employee. You'll want to check on independent contractor laws in your state to see if your appropriately classified and your employer is paying what they're supposed to pay.


How do you get the employee discount for academy sports and outdoors?

Become an employee! (Or.....know someone who is an employee & have them check you out-but you have to pay with cash for this one)


"I'm looking for a good local contractor, where's the best place to find one"?

I'd check EveryContractor.com for a good local contractor. They have a really comprehensive list. "Every contractor is good, but if you're looking for a local contractor, I'd check YourContractorDirect. That's who I usually go through." also check with your BBB.in your town or city.


Do I need a contractor to come out and check my heating system and let me know the cost of it?

You don't necessarily need a contractor to find out what is wrong with it. Look for a Air and Heating company in your area to come check it out. A contractor would be more expensive.


If an insurance company writes a check for you and your contractor and you decide not to do the repairs do you have to get another check written or can the contractor sign the check over?

Do the work, the claim is going to count against you now that a check was issued. You should not have filed if you did not intend to do the work.


Where can I found information about being my own contractor trainer?

You can check out Andrew Morrison's website, "Be your Own Contractor." He offers DVDs that have a lot of information and training on how to get a contractor training.