Appellate Practice Attorney serving New York, NY
Although it may be codified in some jurisdictions, the common law is that if the party paying a worker exercises too much control over a worker's work, that worker will be considered an employee, not an independent contractor. Thus, Black's Law Dictionary defines an independent ocntractor as "[o]ne who is entrusted to undertake a specific project but who is left free to do the assigned work and to choose the method for accomplishing it." Whether a worker is considered an independent ocntractor or an employee can have significant implications for the person hiring the worker, because he/she/it will often be liable for the negligence or other wrongdoing of an employee, but not for the negligence or other wrongdoing of an independent contractor. THere are also tax implications, including with regard to withholding requirements.
Answered on Sep 11th, 2014 at 2:11 PM