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