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Gig workers and independent contractors are often paid on an hourly or project-based basis. At the federal level, the IRS does not distinguish between the two?meaning that they receive 1099-NEC forms from the companies they work with when they earn $600 or more.
Independent contractors are not covered by the Utah Workers' Com- pensation Act, so employees do not need to obtain workers' compen- sation coverage for independent contractors. Independent contrac- tors are not eligible to receive or file workers' compensation claims.
When is a worker misclassified? When an employer erroneously treats an employee as an independent contractor, 1099 worker or other non-employee (member of an LLC). Why do employers misclassify employees as independent contractors? To reduce labor costs by evading employment taxes and laws that protect workers.
Considerations. An independent contractor isn't an employee and, therefore, isn't subject to the level of control employers have over their employees. Using this equation, employers cannot and should not put independent contractors on probation.
The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done.
The Utah Workers' Compensation Act defines an independent contractor as "any person engaged in the performance of any work for another who, while so engaged, is (A) independent of the employer in all that pertains to the execution of the work; (B) not subject to the routine rule or control of the employer; (C) engaged ...
Freelance or Contract Work: These roles, often under independent contractor status, generally do not qualify for unemployment benefits unless under special circumstances.