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The distinction between independent contractor and employee is an important one in the United States, as the costs for business owners to maintain employees are significantly higher than the costs associated with hiring independent contractors, due to federal and state requirements for employers to pay FICA (Social Security and Medicare taxes) and unemployment taxes on received income for ...
Like most employees, the taxes for an independent contractor are typically due on April 15 of each year. The independent contractor files a Form 1040, just like an employee. However, there is a ...
Employers must report the incomes of employees and independent contractors using the IRS forms W-2 and 1099, respectively.Employers pay various taxes (i.e. Social Security and Medicare taxes, unemployment taxes, etc.) on the wages of a worker that is classified as an employee.
The Harvard Law Review Association, Labor and Employment Law – Worker Status – California Adopts the ABC Test to Distinguish Between Employees and Independent Contractors – Assemb. B. 5, 2019–2020 Leg., Reg. Sess. (Cal. 2019)(Enacted)(Codified at Cal. Lab. Code §§ 2750.3, 3351 and Cal. Unemp.
That test states that a worker must be classified as an employee, and not a contractor, unless the employment meets all of the following conditions: (A) the individual operates free from the company’s direction and control, both in the contract and in reality; (B) the service is performed outside the usual course of business of the employer ...
Misclassification – the practice of treating an employee as an independent contractor – is a major enforcement priority of the US Department of Labor. Household employment is a targeted field. In 2015, Wage and Hour Division investigations into misclassified workers resulted in more than $74 million in back-wage payments for more than ...
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