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Episode 82: Independent Contractors vs Employees Update

Episode 82: Independent Contractors vs Employees Update


 

Today I am going to be updating one of our episodes from the vault that is episode 10, if you can believe it. I really talked about in this episode, the big debate, independent contractors versus employees. Recently I've been having this discussion in the legal page community on Facebook, and I recently had a very extensive talk about this on a clubhouse room. So I knew it was time to update this episode and all of you!

 

Things we talk about:

  • How you can really utilize independent contractors to your benefit as a business owner. 
  • How you can go about adding in non-compete agreements with employees.
  • The tipping point of when the IRS can view your independent contractor as an employee.
  • How you can legally add in an independent contractor to your business and what you need to do.

 

Here are a few quotes:

"They're so integral in my business that they have to be an employee and they are an employee of the legal page. So that's something to consider as well. Like what are they performing business wise? It is a core integral part of your business or is it just supplemental?"

 

"Associate photographers should really be employees. If they're coming on to your business and you're restricting a bunch of things and especially with a photography business, you're basically giving them all of your trade secrets and you're training them and you're telling them what to do. And they have to do everything according to your business standards."

 

“The difference between them is all about control, how you control your worker. So by definition, independent contractors are independent. They should be able to dictate their schedules. That means that you as their employer cannot tell an independent contractor when to work, unless you want to give that specific worker, the benefits of being a true employee." 

 

Links mentioned: 

THIS BLOG POST IS NOT A SUBSTITUTE FOR LEGAL ADVICE. EVERY SITUATION IS DIFFERENT & IS FACT-SPECIFIC.

A proper legal analysis is necessary based on your location and contract. Consult an attorney in your home state for advice regarding your contract or specific legal situation.

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