Illinois Jury Instruction - 1.9.4.1 Employee Self-Employed Independent Contractor
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FAQ
If the person is an employee, you must withhold income taxes, withhold and pay Social Security and Medicare taxes and pay unemployment taxes on the wages you pay. On the other hand, if the person is an independent contractor, you do not need to withhold or pay any taxes on your payments to him or her.
The ABC test is used in some states to determine whether a person is an employee or an independent contractor for the purpose of determining state unemployment tax.
Under Illinois' Unemployment Insurance Act, a worker is presumed to be an employee unless he can meet the requirements of the ABC test.
The Illinois Department of Labor uses a six-factor test in determining the application of minimum wage and overtime laws. See The IDOL Test for Minimum Wage and Overtime. The ABC Test is used to decide whether an individual is an employee entitled to receive unemployment benefits.
An independent contractor is not considered an employee for Form I-9 purposes and does not need to complete Form I-9.
Ing to the Act, a worker is considered an employee, unless the worker is both: ?free from control or direction? over the performance of the services, both under his or her contract of service and in fact. engaged in an ?independently established? trade, occupation, profession or business.
ABC states include Alaska, Arkansas, California, Connecticut, Delaware, Georgia, Hawaii, Illinois, Indiana, Kansa, Louisiana, Maine, Maryland, Massachusetts, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, Ohio, Oregon, Tennessee, Utah, Vermont, Washington, and West Virginia.