West Virginia Jury Instruction - 10.10.3 Employee vs. Self-Employed Independent Contractor
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How to fill out Jury Instruction - 10.10.3 Employee Vs. Self-Employed Independent Contractor?
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FAQ
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.
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. If you are an independent contractor, then you are self-employed.
The law further states that independent contractor status is evidenced if the worker: (1) has a substantial investment in the business other than personal services, (2) purports to be in business for himself or herself, (3) receives compensation by project rather than by time, (4) has control over the time and place ...
You are probably an independent contractor if: You set your own working hours. You provide the tools and equipment needed to do your job. You work for more than one company at a time. You pay your own business and traveling expenses.
Generally speaking, the difference between independent contractors and employees in California is whether or not the entity paying for services has the right to control or direct the manner and means of work (tending to signify an employment relationship.)
A 1099 contractor is a non-payroll worker hired by a company to provide services on a contract basis and typically gets paid via invoicing. A W-2 employee is a worker on a company's payroll who gets paid a standard wage on a regular pay schedule.