QUESTION

Are there restrictions on hiring individuals as independent contractors vs. employees.

Asked on May 14th, 2017 on Employment Contracts - California
More details to this question:
I am looking at starting a security service. Are there restrictions that would prevent me from hiring the security officers as independent contractors rather than employees. Let's say each security officer has a registered LLC, and their entity is contracted rather than them as an individual.
Report Abuse

1 ANSWER

Appellate Practice Attorney serving New York, NY
Whether a worker is properly classified as an employee or an independent contractor depends on the extent to which the business exercises control and authority over its activities.  Very generally, when a newspaper tells a writer what to cover and when, and pays the writer weekly, that writer is more likely to be considered an employee than if the writer chooses for him or herself what to write about and when, and is paid only if the paper decides to publish his/her article.  It's not an exact science, but a sliding scale.  Obviously, there are many advantages to a business which wishes to classify its workers as independent contractors, but it could get into a lot of trouble, with tax and other government authorities, if it does so improperly.  some things to think about - will the security officers be free to turn down an assignment?  Will you issue htem uniforms, weapons, and/or other equipment?  Will you have procedures that they will have to follow in their work?  How much discretion will they have in their jobs?  Will you require that they work exclusively for your company?  How much supervision will the company provide?  Most likely none of these factors is dispositive by itself, but these are some of the things you may want to consider when deciding how you want to structure  your relationship with the officers.
Answered on May 15th, 2017 at 2:41 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters