The IRS and many states have adopted the principles of the common law to define an independent contractor. These rules focus primarily on an employer`s control over a service or product, i.e. whether the employer really defines what is being done and how it is performed. If you work in the online business world, you probably work as independent or with entrepreneurs. (If you`re not sure the difference between an independent contractor and an employee, look at this contribution.) Whether you are the independent contractor or hiring a contractor, you need to make sure that you have a strong contract to define your relationship. In July 2015, the U.S. Department of Labor issued new guidelines on misclassifying employees as independent contractors. “A worker who is economically dependent on an employer is aggrieved or allowed to work by the employer. As a result, most workers are employed under the Fair Labor Standards Act when they apply the economic reality test to the expansionist definition of employment under the Act.   The contract should contain a statement stating that the contractor understands that he or she is not entitled to pension or pension benefits, sickness benefits, sick pay, sick pay, leave pay or other ancillary benefits that are generally granted by an employer.
As a general rule, the employer of an independent contractor is not responsible for the unlawful acts and omissions of the contractor because of the lack of control and supervision in an employer-employee or primary intermediary relationship. However, in certain circumstances, a delegated responsibility is imposed: physicians, dentists, veterinarians, lawyers and many other professionals who provide independent services are considered independent contractors by the Internal Revenue Service (IRS). However, the category also includes contractors, subcontractors, freelance authors, software developers, auctioneers, actors, musicians and many others who provide independent services to the general public. Independent contractors have become increasingly common in the rise of the Gig Economy. The distinction between independent contractors and staff is not always clear and evolving. For example, some independent contractors may work for a number of different organizations throughout the year, while others retain the status of independent contractor while working for the same organization throughout the year.  Other companies, such as the freight transport sector. B, set the schedule for the independent contractor, require the purchase of company vehicles and prohibit working for other companies.  On the other hand, self-employed contractors must provide services themselves, including the payment of social security contributions and Medicare to workers and employers, among others.