Indiana Jury Instruction - 10.10.3 Employee vs. Self-Employed Independent Contractor
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How to fill out Jury Instruction - 10.10.3 Employee Vs. Self-Employed Independent Contractor?
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FAQ
For the employee, the company withholds income tax, Social Security, and Medicare from wages paid. For the independent contractor, the company does not withhold taxes. Employment and labor laws also do not apply to independent contractors.
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.
Pay basis: If you pay a worker on an hourly, weekly, or monthly basis, the IRS will consider it a sign the worker is your employee. An independent is generally paid by the job, project, assignment, etc., or receives a commission or similar fee.
Control: The main factor in classifying a worker as an independent worker versus an employee is the amount of control the employer has over the worker. The more control the employer has over the worker, the more likely they would be considered an employee.
People such as doctors, veterinarians, and auctioneers, who work in an independent trade, business or profession, in which they offer their services to the public, are generally not employees. However, whether such people are employees or independent contractors depends on the facts in each case.
An employee is someone you hire and pay for their work, which you use to benefit your business.
Who is Covered by Workers' Compensation? Indiana law requires employers to provide workers' compensation insurance coverage for their workers. Who has coverage and who doesn't? Workers who are legally considered ?employees? are covered, while workers who are considered independent contractors are not.
(b) "Employee" means every person, including a minor, in the service of another, under any contract of hire or apprenticeship, written or implied, except one whose employment is both casual and not in the usual course of the trade, business, occupation, or profession of the employer.