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Gotcha - so a company can choose to use employees or contractors for a given type of work, but must be consistent within that type of work? So, for instance, y

Gotcha - so a company can choose to use employees or contractors for a given type of work, but must be consistent within that type of work? So, for instance, you might hire initially a contractor to create the encrypted part of your product, but once you had hired someone to do that work full time you would be legally barred from hiring additional contractors to do that?

hn_throwaway_99 6y ago
> so a company can choose to use employees or contractors for a given type of work, but must be consistent within that type of work? Pretty much, though even then it is determined by what the courts decide is the company's "normal course of business." Obviously there are big gray areas here. And, also obviously, there are many cases where both the worker and the employer would prefer to treat the relationship as a contractor relationship, and if they both agree there is nobody to file a lawsuit contesting it (unless, of course, there are lots of people in the exact same role who could challenge the classification, as is the case with Uber). Also, note while there are federal rules that determine IRS classification, California has stricter laws when it comes to employee vs contractor.