I would check with a labor attorney. “Contract labor” has been used by
businesses as a ruse to skirt the requirements for matching Social
Security, report injuries, avoid paying workman’s comp, etc. I went through
this thing in the 1990’s and found that “contract labor” is loophole that
has a small and dangerous loop. Back then, it was a auditing trigger for
the tax people. Things may have changed, but I doubt that teenagers would
be considered contract labor if they are under 18,  need to be trained or
supervised.

On Thu, Apr 9, 2015 at 9:30 AM, <rollinsorcha...@gmail.com> wrote:

> I also suggest that you get clarification from your insurance company.
> They may have a stricter definition.
>
> My interpretation of my insurance policy is:  if the person performing the
> work has their own insurance policy to cover work done for others then they
> qualify as contracted labor.  Anyone without their own insurance is an
> employee for insurance purposes, regardless of how they are paid.
>
>
>
> Ernest Rollins
> Owner
> Rollins Orchards, Garland, Maine, USA
> A Family Farm since 1821
> rollinsorcha...@gmail.com
> www.RollinsOrchards.com
>
>
> Ernest Rollins
> Rollins Orchards
> Garland, Maine
>
> -----Original Message-----
> From: "Mark & Helen Angermayer" <angermay...@gmail.com>
> Sender: apple-crop-boun...@virtualorchard.net
> Date: Thu, 9 Apr 2015 10:01:44
> To: <apple-crop@virtualorchard.net>
> Reply-To: Apple-crop discussion list <apple-crop@virtualorchard.net>
> Subject: [apple-crop] Employee vs. Contract labor
>
> I plan to hire some high school kids to help me thin fruit this year.
> They will only be working for about a month it takes to thin the
> fruit.
>
> I'm uncertain if this temporary employment  would fall under employees
> or contract labor.  I've looked at the definitions, but still unclear.
>
> Some of the requirements of contract labor vs. employees are who
> provides tools, and who defines work schedule.  Obviously there are no
> tools required for fruit thinning, other than one's hands.  I intend
> be flexible on when the kids can work, so am not setting work times.
> The kids would be hired individually, not as a "thinning crew".
>
> The dollar cost is the same to me either way (because I plan on paying
> more for contract labor and less for employees) but the paperwork is
> less for contract labor.  I'm a very small commercial grower, so FUTA
> is not a consideration.
>
> Any help would be appreciated.
>
> Mark Angermayer
> Tubby Fruits Peach Orchard
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