Garage door industry magazine for garage door dealers, garage door manufacturers, garage door distributors, garage door installers, loading docks, garage door operators and openers, gates, and tools for the door industry.
Issue link: https://idoi.epubxp.com/i/255259
V O L U M E 4 7 I S S U E 1 2 0 1 4 11 Instructions If the supervisor or employer wants to reserve the right to force compliance with instructions, the worker is most likely an employee. Training If the worker is required to attend training sessions, then that worker is likely an employee. Integration If the worker's services are integrated into the everyday business operations of the employer, then the worker is likely an employee. Services Rendered Personally If the services required are supposed to be rendered personally by the worker, then he or she is likely an employee. Hiring, Supervision, and Paying Assistants If the employer hires, supervises, or pays assistants to the worker, then the worker is likely an employee. In contrast, if the employer hires and supervises others under an Employment Contract in which the worker agrees to provide materials and labor and is only responsible for the result, then the worker is likely an independent contractor. Continuing Relationship A continuing relationship (6 months or longer) between the worker and the employer will likely make the worker an employee. Set Hours of Work Mandating set hours for work (for example, 9am-5pm) without the fexibility to work more or less without consequence will likely make the worker an employee. Doing Work on Employer's Premises If the required work can be done elsewhere but the employer requires the worker to work on the employer's premises, this indicates employee status. Order or Sequence Test If the employer requires work to be completed in an order/sequence set by the employer (meaning the worker is not free to follow his or her own pattern of work), then the worker is likely an employee. Oral or Written Reports Required submission of regular reports is indicative of employee status. Payment If expenses are paid, such as business and traveling expenses, then the worker may be an employee. If the worker is paid on an hourly, weekly, monthly, or project-by-project basis, then the worker may be an independent contractor. Furnishing Tools and Materials If the worker is intended to provide his or her own tools and equipment, then the worker is likely an employee. Signifcant Investment/ Realization of Proft or Loss Investment in facilities by the worker in order to do the job is indicative of an independent contractor. Working for Multiple Firms at One Time If the worker is working for more than one company at the same time, that worker is generally an independent contractor. Right to Discharge/Terminate The right to discharge a worker is indicative of an employee. The worker's right to terminate employment is also indicative of an employee. LEGAL&LEGISLATION; Independent Contractor vs. Employee Factors "IRS Factor Test" V O L U M E 4 7 I S S U E 1 2 0 1 4 11 1/24/14 10:49 AM