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The IRS 20-Factor Test, commonly referred to as the Right-to-Control Test, is designed to evaluate who controls how the work is performed. According to the IRS's Common-Law Rules, a worker's status corresponds to the level of control and independence they have over their work.
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.
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.
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.
If the company controls most of the person's work, then the worker is most likely a W2 employee. If the person has a good degree of independence, they're most likely a 1099 independent contractor.
Under common-law rules, anyone who performs services for you is your employee if you can control what will be done and how it will be done.
Agency law imposes contract liability on principals and agents, depending on the circumstances. The crucial factor in determining whether someone is an independent contractor or an employee is the degree of control that the principal has over that party.
AB 5 requires the application of the ABC test to determine if workers in California are employees or independent contractors for purposes of the Labor Code, the Unemployment Insurance Code, and the Industrial Welfare Commission (IWC) wage orders.
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.
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.