Easy! There is no requirement that you have multiple clients in order to be considered a contractor. When I say that there is no magic test to determine who are contractors, it does work both ways. It is certainly possible to be an independent contractor if you have only one client. There is no single factor that you can point to that will be dispositive by itself.
Doug ------ Original message ------ From: Sam Tetherow Date: 3/5/2014 5:46 PM To: WISPA General List; Subject:Re: [WISPA] remote employee And to pick on law makers, if you have to already be in the business to be considered a contractor, then how the heck do you get your first client? On 03/05/2014 04:07 PM, Forrest Christian (List Account) wrote: Directly on point for you: http://dlr.sd.gov/ui/publications/independent_vs_employee_fact_sheet.pdf "South Dakota Codified Law 61-1-11 states to be considered an independent contractor, a worker must be both free from direction and control and have an independently established business. Since other state and federal agencies may have slightly different definitions of independent contractors, their criteria may not apply to South Dakota Unemployment Insurance. The courts have defined both portions of the South Dakota statute. The first portion of the statute concerns control. Although individuals may have freedom of action in the way work can be performed, control can still be exercised through other means such as written or verbal agreements or a contract. What really matters is who has the legal right to control the outcome of the work. The second portion of the statute concerns whether the individual is customarily engaged in an independently established trade, occupation, profession, or business. The word independently means a trade, occupation, profession, or business must be established independently of, and exist separately from, the services rendered to the alleged employer. The present tense “is” indicates the individual must be engaged in such independent activity at the time of rendering the service to the alleged employer. " The linked .pdf has more information, and I'm sure state government will help you further... -forrest Douglas A. Hass Associate 312.786.6502 d...@franczek.com Franczek Radelet P.C. Celebrating 20 Years | 1994-2014<http://www.franczek.com/20thAnniversary/> 300 South Wacker Drive Suite 3400 Chicago, IL 60606 312.986.0300 - Main 312.986.9192 - Fax www.franczek.com<http://www.franczek.com/> Franczek Radelet is committed to sustainability - please consider the environment before printing this email ________________________________ Circular 230 Disclosure: Under requirements imposed by the Internal Revenue Service, we inform you that, unless specifically stated otherwise, any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purposes of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or tax-related matter herein. ________________________________ For more information about Franczek Radelet P.C., please visit franczek.com. The information contained in this e-mail message or any attachment may be confidential and/or privileged, and is intended only for the use of the named recipient. If you are not the named recipient of this message, you are hereby notified that any dissemination, distribution, or copying of this message or any attachment thereto, is strictly prohibited. If you have received this message in error, please contact the sender and delete all copies. ________________________________ On Wed, Mar 5, 2014 at 11:39 AM, heith petersen <wi...@mncomm.com<mailto:wi...@mncomm.com>> wrote: So, we finally got our former local tech set up at his office at his new home 3 hours away. He has tunnel access into our net, access to billing and his VoIP phone tied to our switch to make and receive calls on our local lines, just like he did when he sat 10 feet from me. So next is to fine tune things. We dumped him as a regular employee and moved to contract labor with no benefits, basically bumped him to a level where his pay per hour covered what he received via benefits, like insurance and vacation. Makes it easier for the accountant as she just cuts a check and doesn’t have to deduct taxes, however it now becomes his responsibility to claim wages and pay the taxes. What we are working on now is management. My boss wants him to log everything he does and pay from there, but to me that seems to be a lot of work. We have a web based time clock, but I already have issues with techs forgetting to clock in or clock out, I cant imagine it would be better having a guy clock out after every single support call. Our phone system can log time on the phone and where the calls went to, but of course a guy can be busy updating firmware and re-configuring equipment without being on the phone. The guy really only wants to clock 4 hours a day, but I need him available off an on during the day. He is unique and he could sit at home all day. I would almost just pay him 4 hours flat a day to sit and have him there and available, but the bosses want to pay him for only what he works, which I think puts more load on us deciphering logs to see what he actually worked. Anyways kind of a first for us, and maybe a last. Just wondering what others, if any, have done. I don’t want to lose the guy because he takes care of a lot of stuff when I am gone and I don’t have to train him. thanks heith _______________________________________________ Wireless mailing list Wireless@wispa.org<mailto:Wireless@wispa.org> http://lists.wispa.org/mailman/listinfo/wireless _______________________________________________ Wireless mailing list Wireless@wispa.org<mailto:Wireless@wispa.org> http://lists.wispa.org/mailman/listinfo/wireless _______________________________________________ Wireless mailing list Wireless@wispa.org http://lists.wispa.org/mailman/listinfo/wireless
