5 ms·
It is not a one size fits all solution to be solved by tech. The distinction between employee/contractor is a legal distinction and varies from jurisdiction to
by will_brown 11y ago
It is not a one size fits all solution to be solved by tech. The distinction between employee/contractor is a legal distinction and varies from jurisdiction to jurisdiction.
For example, if you engage an independent contractor in CA, State law mandates certain provisions to be included in the agreement. Moreover, if these independent contractor provisions not included in the agreement then there is a presumption of employer/employee relationship.
Obviously the distinction is not limited to what is in the agreement, but also the practical relationship, including, but not limited to things like: control; payment of taxes; setting of hours; providing tools; etc... Unfortunately, most people will simply look to federal or IRS rules, but that is not enough, again each state/jurisdiction will have distinctions that if not complied with will result in unfavorable rulings on the issue.