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 _______________________________________________ apple-crop mailing list apple-crop@virtualorchard.net http://virtualorchardnet/mailman/listinfo/apple-crop _______________________________________________ apple-crop mailing list apple-crop@virtualorchard.net http://virtualorchard.net/mailman/listinfo/apple-crop
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