I would check with a labor attorney. “Contract labor” has been used by businesses as a ruse to skirt the requirements for matching Social Security, report injuries, avoid paying workman’s comp, etc. I went through this thing in the 1990’s and found that “contract labor” is loophole that has a small and dangerous loop. Back then, it was a auditing trigger for the tax people. Things may have changed, but I doubt that teenagers would be considered contract labor if they are under 18, need to be trained or supervised.
On Thu, Apr 9, 2015 at 9:30 AM, <rollinsorcha...@gmail.com> wrote: > I also suggest that you get clarification from your insurance company. > They may have a stricter definition. > > My interpretation of my insurance policy is: if the person performing the > work has their own insurance policy to cover work done for others then they > qualify as contracted labor. Anyone without their own insurance is an > employee for insurance purposes, regardless of how they are paid. > > > > Ernest Rollins > Owner > Rollins Orchards, Garland, Maine, USA > A Family Farm since 1821 > rollinsorcha...@gmail.com > www.RollinsOrchards.com > > > Ernest Rollins > Rollins Orchards > Garland, Maine > > -----Original Message----- > From: "Mark & Helen Angermayer" <angermay...@gmail.com> > Sender: apple-crop-boun...@virtualorchard.net > Date: Thu, 9 Apr 2015 10:01:44 > To: <apple-crop@virtualorchard.net> > Reply-To: Apple-crop discussion list <apple-crop@virtualorchard.net> > Subject: [apple-crop] Employee vs. Contract labor > > I plan to hire some high school kids to help me thin fruit this year. > They will only be working for about a month it takes to thin the > fruit. > > I'm uncertain if this temporary employment would fall under employees > or contract labor. I've looked at the definitions, but still unclear. > > Some of the requirements of contract labor vs. employees are who > provides tools, and who defines work schedule. Obviously there are no > tools required for fruit thinning, other than one's hands. I intend > be flexible on when the kids can work, so am not setting work times. > The kids would be hired individually, not as a "thinning crew". > > The dollar cost is the same to me either way (because I plan on paying > more for contract labor and less for employees) but the paperwork is > less for contract labor. I'm a very small commercial grower, so FUTA > is not a consideration. > > Any help would be appreciated. > > Mark Angermayer > Tubby Fruits Peach Orchard > _______________________________________________ > apple-crop mailing list > apple-crop@virtualorchard.net > http://virtualorchard.net/mailman/listinfo/apple-crop > _______________________________________________ > apple-crop mailing list > apple-crop@virtualorchard.net > http://virtualorchard.net/mailman/listinfo/apple-crop >
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