It depends who is asking, State Unemployment, FICA, IRS,
WORKERS  COMP. each have there
own requirements.  Workers Comp usually is the most restrictive. 
Many state have an exclusion for
part time harvest help.  But would you want to be  left with the
bill if someone got really hurt.   The biggest
question is if the work is a separate occupation vs just the normal
work your employees would be doing.
The easy example is you build a house and sub out the plumbing that is
a subcontractor. vs you are a 
roofing company and sub out shindle laying that is your normal labor
and therefore they are your employees.
I could go on for an hour on this but hopefully you get the idea.

Gary 

----- Original Message -----
From: rollinsorcha...@gmail.com "Apple-crop discussion list" 
To:"Apple-Crop virtual orchard" 
Cc:
Sent:Thu, 9 Apr 2015 15:30:49 +0000
Subject:Re: [apple-crop] Employee vs. Contract labor

 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" 
 Sender: apple-crop-boun...@virtualorchard.net
 Date: Thu, 9 Apr 2015 10:01:44 
 To: 
 Reply-To: Apple-crop discussion list 
 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
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