not exactly. I believe it is legal so long as he sets his own hours and is responsible to you only for results, ie not supervised by you in any way. Think of the guy you hire to re-do your kitchen. You are hiring his expertise -- he shows you pictures of what you will get and how much it will cost. You say go for it. He disappears for two weeks..... ;P He is definitely not your employee, right?
Seriously,that is one end of the continuum. Then there are taxi drivers -- know how a lot of them have signs saying the driver is an independent operator who leases the taxi? The dispatcher announces work but cannot compel them to go get a particular passenger if he wants his lunch right then. Other companies they can. The IRS tends to frown on the single-employer arrangement if certain red flags pop up -- you are being paid by the hour, for example, are expected to be "at work" at certain times, and the like. I think they consider it an employer trying to wiggle out of their half of the social security tax. I lived on both sides of the line for quite a few years. I have not checked for changes in the law in a few years but I don't recall anything in the news about Bush changing any of that. It's pretty common sense if you think about it. On Thu, Jul 21, 2011 at 9:31 AM, Judah McAuley <ju...@wiredotter.com> wrote: > > Yes. If they are in charge of what you do and when you do it, you are > properly considered an Employee. There is some wiggle room, like right > now I have a contractor through a recruiting agency for 40 hrs a week, > but that is limited duration contract and if we wanted to keep him, > we'd have to convert him to a W-2 employee, we wouldn't be able to > just sign him up for another contract. > > Judah > > On Thu, Jul 21, 2011 at 9:18 AM, Greg Morphis <gmorp...@gmail.com> wrote: > > > > I mean full time 40 hours 1099 by one company/person. > > So that is illegal? > > > > > > On Tue, Jul 19, 2011 at 11:22 AM, Judah McAuley <ju...@wiredotter.com > >wrote: > > > >> > >> I got insurance through the National Association of the Self Employed > >> a couple years ago and wasn't terribly keen on it. > >> > >> One other thing that isn't quite on topic but may be relevant: > >> > >> Be careful with the "full time 1099". If you mean you will be working > >> just for one company and they are paying you via a 1099, that probably > >> isn't legal. Generally speaking, if you have one company who gets to > >> direct what work you do and when you do it, you will be considered an > >> employee regardless of whether they want to treat you like one for tax > >> purposes. If you will be genuinely self-employed and looking for work > >> from a variety of places, that's different. > >> > >> Cheers, > >> Judah > >> > >> On Tue, Jul 19, 2011 at 7:41 AM, Greg Morphis <gmorp...@gmail.com> > wrote: > >> > > >> > I may be going full time 1099 next year but with a wife and child I > have > >> to > >> > get insurance. Do any of you buy your own insurance and if so who do > you > >> go > >> > through and about how much is it? > >> > > >> > Thanks! > >> > > >> > >> > > > > > > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Order the Adobe Coldfusion Anthology now! http://www.amazon.com/Adobe-Coldfusion-Anthology/dp/1430272155/?tag=houseoffusion Archive: http://www.houseoffusion.com/groups/cf-community/message.cfm/messageid:340833 Subscription: http://www.houseoffusion.com/groups/cf-community/subscribe.cfm Unsubscribe: http://www.houseoffusion.com/groups/cf-community/unsubscribe.cfm
