As a worker, figuring out if you're an independent contractor or an employee is important. The answer affects your legal rights, steps you can take to enforce them, and how you pay income tax. Yet the question is often tricky, as there are several factors in play. We've got a new page to help: Are you an independent contractor? The page includes scenarios to help you story match, to better understand your situation. For example:
Andrew works for a landscaping company while attending college. The company decides what projects Andrew works on, and when he needs to arrive at the job site. They provide most of the tools and equipment, but Andrew is responsible for his own transportation. He’s paid an hourly rate set by the company. When he signed on, his boss told Andrew he’s an independent contractor.
Despite what his boss said, Andrew is an employee, because (among other factors):
- The company has direction and control of his work. (They tell him where to work, and when he needs to arrive. And they set his hourly rate of pay.)
- The company provides most of the tools and equipment he uses in his work.
- He’s doing work that the company is in the business of doing.
This new page is part of our expanded coverage for those working in the gig economy. Other new pages include options for alternative work arrangements, requesting flexible work (including a template letter to make the request), and the legal issues in play if you're self-employed.
Many thanks to lawyers Trevor Thomas and Richard Johnson for reviewing the new pages for legal accuracy. (And congrats to them and David Brown on opening up their new law firm, Ascent Employment Law!)