Legal Definition of an Employee vs Subcontractor?
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Legal Definition of an Employee vs Subcontractor?
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Does anyone have a reference to the definition of an employee vs a sub from a legal point of view? My husband is self employed and did some work for a company which withheld a large sum of money for workers comp. He does not have employees to be required to carry it himself so they (the comapny) charged back a percentage of the job as withholding for their workers comp policy. This was not mentioned before hand nor did they give him a company policy stating this would be done. He (my husband) is a 1099 subcontractor
Additional Details
In this state only companies with more than 5 employees are required to carry ther own comp policy. My husband was asked to provide proof of licensure and proof of liability which was done at the time the jobs were subcontracted. In the contract there was no mention of WC or any potential withholding
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Princess Leia
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Employee - hours set by company; tools provided by company; basically whatever the company says the employee must do, the employee does; benefits paid by employer
Subcontractor - job is given to subcontractor to perform in whatever manner the subcontractor wants to perform it, as long as it meets the required specifications; tools are provided by subcontractor; hours set by subcontractor; benefits (including insurance) is paid by subcontractor. A subcontractor is typically not covered under the company's workers' compensation.
Better defined here:
http://www.investorwords.com/4793/subcontractor.html
An individual or company hired by a general or prime contractor to perform a specific task as part of the overall project.
Interesting article:
http://www.unclefed.com/AuthorsRow/GretaHicks/employeecon.html |
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groverraj
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Well, the Workers' Comp is a different issue. Nothing to do with being a subcontractor. If he was a subcontractor, he should have bought his own Worker's Comp and his premium may have been lower. All he had to do was show proof of WC coverage. |
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Deliah
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2 issues you have the reply on the WC but an independent contractor sets their own hours, determines how their work is to be done etc.
You can find the exact definition by going to http://www.irs.gov and typing employee or independent contractor in the search box. |
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s and d e
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there are differences in that, but if your husband was a subcontractor for the company, he should have signed a subcontractor agreement which would have spelled all this out to him. if he didn't, i don't think there is much he can do. the company has to protect themselves and if something had happend to your husband while working on their project-then they would have had to file it under worker's compensation |
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