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Special Report on

Legal Definition of 'Independent Contractor'

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For professionals in many industries, the term ''independent contractor'' is perhaps one of the most misunderstood. Daniel R. Levine is a shareholder with the Boca Raton, FL-based law firm of Shapiro, Blasi, Wasserman & Gora, P.A. The confusion may stem from greed, ignorance of the law, or a combination of the two in what basically amounts to a desire for a simple working relationship. These factors result in workers being classified as independent contractors even though the law may treat them as employees. This tug of war between laborers and management is ongoing and one that is prevalent in many ...
that those who occupy (through ownership or lease) real property owe to people who visit or trespass. It deals with liability that may arise from accidents caused by the defective or dangerous condition of the premises. In English law, occupiers' liability towards visitors is regulated in Occupiers' Liability Act 1957 . In addition, occupiers' liability to trespassers is provided under Occupiers' Liability Act 1984 . Although the law largely codified the earlier common law , the difference between a "visitor" and a "trespasser", and the definition of an "occupier" continue to ...
Employee or Independent Contractor? The Answer May Be Costly ...
Recent court rulings continue to make clear that regardless of what your independent contractor agreement says, minimum and overtime wages may be required to be paid to workers under the Fair Labor Standards Act (“FLSA”). An Indiana federal court recently found exotic dancers to be employees of a topless nightclub and a Tennessee federal court found nurses who signed Independent Contractor Agreements to nevertheless be employees of a business which provides nurses for long-term nursing care. Once a company is found liable, corporate officers who have operational control and are involved in the day-to-day business ... market research, surveys and trends
Hiring a contractor? Here's how to avoid the legal headaches ...
My company wants to use an engineer as an independent contractor.  How do we establish an independent contractor relationship? Answer: Because of recent abuse of the independent contractor classification, there’s a lot of scrutiny these days by the IRS – as well as state and local government agencies. To make sure you’re in the clear, have this person sign an “independent contractor’s agreement.” This will define and help manage the relationship as well as spell out specifically what this engineer (or any other contractor) needs to deliver. While it may seem obvious, it’s important to understand the legal definition of ... market research, surveys and trends


"Independent Contractor" or Employee? The Difference Could Mean ...
is cracking down on businesses it suspects of avoiding unemployment tax payments by misclassifying workers as independent contractors. An investigation of Seven Days , focused on the employment status of its weekly distribution drivers, is under appeal. At issue is whether targeted companies should be required to make payments into the state unemployment insurance fund for individuals who aren’t on the payroll — self-employed “1099” workers who get paid for their services, often by multiple companies, and assume responsibility for their own tax payments. These businesses are also being investigated for ... industry trends, business articles and survey research
Freelance Law & Legal Definition
Freelance refers to a type of job where the worker is self-employed. A freelance worker works for themselves and bids for temporary jobs and projects with one or more employers. Other terms used are independent contractor and consultant. Characteristics of a freelance worker include: expertise or a skill in high demand; a proven record of success and several years of experience; a self-starter who enjoys working independently; a self-marketer, who enjoys promoting and selling his or her services, and who has a strong marketing vision and strategy; ability to wear multiple hats, including handling clerical, billing, and ... industry trends, business articles and survey research
Relator St. Croix Sensory Inc. argues that the unemployment-law judge (ULJ) erred in determining that certain individuals working for relator as "sensory assessors" were employees rather than independent contractors. Under the undisputed facts, the totality of the circumstances demonstrates that the sensory assessors were independent contractors as a matter of law, and we reverse. Relator is a sensory laboratory that specializes in odor testing, training, and sales and rental of sensory equipment. Relator performs odor testing of materials, products, and air, and provides training to universities, governments, and ... market trends, news research and surveys resources
As over-leveraged investment houses began to fail in September 2008, the leaders of the Republican and Democratic parties, of major corporations, and opinion leaders stretching from the National Review magazine (and the Wall Street Journal) on the right to the Nation magazine on the left, agreed that spending some $700 billion to buy the investors' "toxic assets" was the only alternative to the U.S. economy's "systemic collapse." In this, President George W. Bush and his would-be Republican successor John McCain agreed with the Democratic candidate, Barack Obama. Many, if not most, people around ... market trends, news research and surveys resources


Employers Guide 2005 new cover-Pantone.qxd
that the person meets the legal definition of independent contractor is not an employee and is not entitled to workers' compensation benefits unless ... technology research, surveys study and trend statistics
Independent Contractor (Self-Employed) or Employee?
It is critical that you, the business owner, correctly determine whether the individuals providing services are employees or independent contractors. Generally, you must withhold income taxes, withhold and pay Social Security and Medicare taxes, and pay unemployment tax on wages paid to an employee. You do not generally have to withhold or pay any taxes on payments to independent contractors. If you are an independent contractor and hire or subcontract work to others, you will want to review the information in this section to determine whether individuals you hire are independent contractors (subcontractors) or employees. Before ... technology research, surveys study and trend statistics
UCSC Purchasing - Independent Contractor and Employee Overview
has important tax and non-tax consequences to both the University and the individual. It is generally more advantageous to federal and state government to have an individual classified as an employee. During employment tax audits, the Internal Revenue Service (IRS) will almost always treat individuals as employees, absent a reasonable basis for classification as an independent contractor by the employer. Misclassification of an individual can be very expensive to the University, so it is essential that proper characterization of an individual be determined before any payments are made to that individual for services performed. ...
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WikiAnswers - What is IRS definition of an employee vs contract labor
This material has been plagiarized directly from a webpage of the US Treasury. However, since this material was published by a government entity, this is a legal plagiarization. Totally uncreative cheesy cut-and-paste, but legal. ]] Corporations | International Businesses | Partnerships | Small Business/Self-Employed Small Business/Self-Employed Industries/Professions International Taxpayers Self-Employed Small Business/Self-Employed Topics A-Z Index for Business Small Business Events Stakeholder Headliners Small Business Videos Partners & Stakeholders Self-Employed Individuals Employment Taxes State Links Subscribe to e-News ...
Legal Definition of an Employee vs Subcontractor? - Yahoo! Answers
Does anyone have a reference to the definition of an employee vs a sub from a legal point of view? My husband is self employed and did some work for a company which withheld a large sum of money for workers comp. He does not have employees to be required to carry it himself so they (the comapny) charged back a percentage of the job as withholding for their workers comp policy. This was not mentioned before hand nor did they give him a company policy stating this would be done. He (my husband) is a 1099 subcontractor In this state only companies with more than 5 employees are required to carry ther own comp policy. My husband ...