Pennsylvania Jury Instruction - 10.10.3 Employee vs. Self-Employed Independent Contractor
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FAQ
The law is clear Certain factors will define a worker as an independent contractor in every case: not relying on the business as the sole source of income, working at his or her pace as defined by an agreement, being ineligible for employer provided benefits and retaining a degree of control and independence.
Ing to Pennsylvania courts, the employment relationship is defined by employer control over how the specified work is completed. By contrast, the independent contractor retains control over how to perform his or her work.
Companies are expected to pay certain taxes on behalf of their employees. This includes employment tax for the state and federal government, Social Security tax, and premiums for workers' comp and disability. On the flip side, companies don't pay these taxes for independent contractors.
Those individuals who are eligible for benefits under PUA are the self-employed, independent contractors, and gig workers, who are not eligible under Pennsylvania state law, and individuals who lack sufficient work history or have previously exhausted their state benefits.
Anyone who is a sole proprietor, business owner or is self-employed has to pay Pennsylvania self employment tax, which is actually a Social Security and Medicare tax. The Pennsylvania self employment tax provides 12.4% to Social Security and 2.9% to Medicare, for a total of 15.3%.
If an employer-employee relationship exists (regardless of what the relationship is called), then you are not an independent contractor and your earnings are generally not subject to self-employment tax.
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.
California Law states that a worker may be considered an independent contractor if (1) the worker has the right to control the performance of services, (2) the result of the work is the primary factor bargained for, and not the means by which it is accomplished, (3) the worker has an independently established business, ...