Classifying Employees vs Contractors

Employees

• Management Control: Employees are typically under the control and direction of the employer concerning how and when work is performed.

• Tax Obligations: Employers withhold income taxes, Social Security, and Medicare from employees’ paychecks.

• Protection: Employees are protected by federal and state labor laws, including minimum wage, overtime pay, and workplace safety regulations.

• Benefits: Employers may offer employees benefits such as health insurance, paid time off, and retirement plans. For employers of a certain workforce size, they may be obligated to provide health insurance.

Independent Contractors

• Management Control: Independent contractors maintain control over how and when they perform the work.

• Tax Obligations: Independent contractors are responsible for paying their own income taxes, as employers do not withhold taxes from their payments.

• Protection: Independent contractors are not covered by most labor laws, including minimum wage, overtime pay, and workplace protections.

• Benefits: Not eligible for any benefits

Factors to Consider for Classification

There are three criteria that the Labor Department and the IRS use to evaluate whether a worker should be classified as an employee or an independent contractor. They are:

Behavioral Control

• Instructions: Does the employer provide detailed instructions on how the work should be performed?

• Training: Does the employer provide training to the worker?

• Evaluation System: Does the employer evaluate the worker’s performance based on specific criteria?

Financial Control

• Investment: Does the worker have a significant investment in the tools and equipment necessary to perform the job?

• Expense Reimbursement: Does the worker receive reimbursement for business expenses?

• Opportunity for Profit or Loss: Does the worker have the opportunity to make a profit or incur a loss based on their work?

Relationship Type

• Contract: Is there a written contract outlining the relationship between the employer and the worker?

• Benefits: Does the worker receive employee benefits such as health insurance, paid time off, or retirement plans?

• Duration: Is the relationship expected to be long-term or project-based?

Consequences of Misclassification

Misclassifying employees as independent contractors can lead to severe consequences, including:

• Legal Penalties: Fines and penalties for non-compliance with labor laws and tax regulations.

• Back Pay: Owed wages, overtime pay, and benefits may need to be paid retroactively.

• Tax Issues: Back taxes, interest, and penalties for unpaid taxes may be assessed.

• Legal Action: Employees may file lawsuits for unpaid wages, benefits, and damages.

If you have questions about how to classify your workers and are looking for a payroll solution, please feel free to reach out.