Michigan Contract with Independent Contractor - Contractor has Employees
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FAQ
Wage & Hour LawIndependent contractors are not considered employees under the Fair Labor Standards Act and therefore are not covered by its wage and hour provisions. Generally, an independent contractor's wages are set pursuant to his or her contract with the employer.
A: Typically a worker cannot be both an employee and an independent contractor for the same company. An employer can certainly have some employees and some independent contractors for different roles, and an employee for one company can perform contract work for another company.
To avoid significant future liability, when you hire an assistant (or any other worker who is not sufficiently independent), this person should be classified as an employee.
Usually, a worker can be counted as an "employee" if s/he has worked for the employer for at least twenty calendar weeks (in this year or last). That means some part-time workers can be covered as employees to show the employer is covered by the laws we enforce.
1099 Worker Defined A 1099 worker is one that is not considered an employee. Rather, this type of worker is usually referred to as a freelancer, independent contractor or other self-employed worker that completes particular jobs or assignments. Since they're not deemed employees, you don't pay them wages or a salary.
During President Donald Trump's administration, the DOL issued a final rule clarifying when workers are independent contractors versus employees. The rule applied an economic-reality test that primarily considers whether the worker operates his or her own business or is economically dependent on the hiring entity.
An employee is hired for a specific job or to provide labor in the service of someone else (the employer). When an individual begins a long-term working relationship with a business, that person usually becomes an employee, though there are exceptions.
The contract should state who pays which expenses. The contractor is usually responsible for all expenses including mileage, vehicle maintenance, and other business travel costs; work supplies and tools; licenses, fees, and permits; phone and internet expenses; and payments to employees or subcontractors.
Michigan's Income Tax Act of 1967 defers to § 3401(c) of the Internal Revenue Code for the definition of the term "employee," which includes an officer, employee or elected official of any federal or state government or agency, or an officer of a corporation.