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Calls and Emails will be recorded for quality assurance

NJInc. Employees:

Are covered under Workers' Compensation, Disability Insurance and Family Leave Insurance

www.thehartford.com

https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-defined

People such as doctors, dentists, veterinarians, lawyers, accountants, contractors, subcontractors, public stenographers, or auctioneers who are in an independent trade, business, or profession in which they offer their services to the general public are generally independent contractors. However, whether these people are independent contractors or employees depends on the facts in each case. The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done.

 https://dol.ny.gov/independent-contractors

The Independent Contractor Relationship Independent contractors are free from: 

Supervision Direction and Control in the performance of their duties.   

They are in business for themselves, offering their services to the general public.  

Signs of independent contractor status include a person who:  

Has an established business 

Advertises in the electronic and/or print media 

Buys an ad in the Yellow Pages 

Uses business cards, stationery, and billheads 

Carries insurance 

Keeps a place of business and invests in facilities, equipment, and supplies

Pays their own expenses Assumes risk for profit or loss

Sets their own schedule Sets or negotiates their own pay rate 

Offers services to other businesses (competitive or non-competitive) 

Is free to refuse work offers May choose to hire help    

An employer-employee relationship may exist regardless of how the hiring party describes it. For example, if you give a worker a 1099 Form rather than a W-2 Form, they may still be an employee. Persons who work for you may qualify as employees under the law, even if, for example:  You have the person sign a statement claiming to be an independent contractor They waive any rights as an employee You require them to obtain a dba in order to work for you    Under the Unemployment Insurance Law, an agreement by employees to waive their rights under the law is not valid.  Remember that the real distinction between the employer-employee relationship and the independent contractor relationship depends primarily on the level of supervision, direction, and control exercised by the person engaging the services. It is not defined by what the relationship is called by the participants.  Whether the relationship is one of employer-employee will depend on several factors.  NEXT SECTIONContinue Separate Business Entity Separate Business Entity The law also contains a twelve-part test for determining when a sole proprietor, partnership, corporation, or other entity will be considered a separate business entity from the contractor for whom it is providing a service. If an entity meets all of the 12 criteria, it will not be considered an employee of the contractor but will instead be a separate business that is itself subject to the new law regarding its own employees.  The statute excludes or covers certain types of services, regardless of the degree of direction and control.  For details on independent contractors, please see our Independent Contractors publication.  If you believe that some of your workers are independent contractors, ask for a formal determination by writing to the address below. Include a copy of any contract and details of your relationship.  If you have any other questions call the Liability and Determination Section at 518-457-2635.  New York State Department of Labor Unemployment Insurance Division Liability and Determination Section P.O. Box 15122 State Office Building Campus Albany, New York 12212-5122 Fax 518-485-6172