Contractor or Employee?

This may seem pretty clear cut. If they aren't on my payroll they aren't my employee. But, should they be? Recent legislative changes should have you re-evaluating your Independent contractors and if they should really be an employee.

The ABC test assumes a worker is an employee unless the employer demonstrates that all conditions of the ABC test are met.

Some courts using this test look at whether a worker meets three criteria to be considered an IC:

A. The worker is free from the employer’s control or direction in performing the work.

B. The work takes place outside the usual course of the business of the company and off the site of the business.

C. Customarily, the worker is engaged in an independent trade, occupation, profession, or business.

Be sure that all of your Independent Contractors qualify as such under state and federal law.