Maryland Jury Instruction - 1.9.4.1 Employee Self-Employed Independent Contractor
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FAQ
A 1099 worker is an independent contractor whom you pay for a specific task, while a W-2 employee is a person who receives a regular wage or salary for performing a role in your company.
Independent Contractors - The Maryland Guide to Wage Payment and Employment Standards. Independent Contractors are exempt from federal and State overtime laws. However, workers who are called independent contractors, but in reality are employees, may not be exempt (see Employee or Independent Contractor?)
Independent Contractors. In Maryland, the law presumes that workers are employees, and the burden is on the employer to prove otherwise. In general, independent contractors have more autonomy over their work hours than employees do. They also typically use their own tools and equipment and own their own businesses.
1099 workers are responsible for 100% of Medicare and Social Security taxes and generally pay them quarterly while W-2 employees are only responsible for 50% of those taxes and have them taken out of their paychecks automatically. Both types of workers pay an income tax rate based on their tax bracket.
If you've received a 1099 Form instead of an employee W-2, your company is treating you as a self-employed worker. This is also known as an independent contractor. When there is an amount shown on your Form 1099-MISC in Box 7, you're typically considered self-employed.
An independent contractor is not considered an employee for Form I-9 purposes and does not need to complete Form I-9.