Guam Jury Instruction - 10.10.3 Employee vs. Self-Employed Independent Contractor

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US-11CF-10-10-3
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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

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FAQ

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. If you are an independent contractor, then you are self-employed.

Becoming an independent contractor is one of the many ways to be classified as self-employed. By definition, an independent contractor provides work or services on a contractual basis, whereas, self-employment is simply the act of earning money without operating within an employee-employer relationship.

Benefits of being an independent contractor Independent contractors get to be their own boss. ... Independent contractors have flexibility over their working hours. ... Independent contractors earn more (before tax) ... Independent contractors can claim deductions. ... Independent contractors can experiment with business ideas.

The law further states that independent contractor status is evidenced if the worker: (1) has a substantial investment in the business other than personal services, (2) purports to be in business for himself or herself, (3) receives compensation by project rather than by time, (4) has control over the time and place ...

What Is an Independent Contractor? An independent contractor is a self-employed person or entity contracted to perform work for?or provide services to?another entity as a non-employee. As a result, independent contractors must pay their own Social Security and Medicare taxes.

Generally speaking, the difference between independent contractors and employees in California is whether or not the entity paying for services has the right to control or direct the manner and means of work (tending to signify an employment relationship.)

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Guam Jury Instruction - 10.10.3 Employee vs. Self-Employed Independent Contractor