Soar to Success February 2021

By Maritza Nelson, JD The IRS considers a worker 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.” Ask yourself, are you paying the worker to accomplish a result (an independent contractor), or are you paying the worker to perform a list of duties and responsibilities (an employee)? Of course, like most things in the practice of law, it’s never as simple as results vs details. The IRS is cracking down on misclassification, and with the growth of the so-called gig economy, some states are even passing legislation to treat more workers as employees. The ultimate answer to the question “what’s the difference between an employee and an independent contractor” is “it depends.” How’s that for a lawyer answer? Employees vs. Independent Contractors: What’s the Difference?