Another indicator is that, if you need to train or supervise them, they cannot be independent contractors. For example, if you hire a contractor to replace your roof, that's fine, he knows what to do. If you hire a teen and teach them how to pick, prune, etc, they are an employee.
On Fri, Apr 10, 2015 at 7:24 PM, Mark & Helen Angermayer < angermay...@gmail.com> wrote: > Wanted to thank everyone of the comments on this discussion. > Definitely gave me some guidance. > > Mark Angermayer > Tubby Fruits Peach Orchard > Bucyrus KS > > > > > On 4/9/15, Hugh Thomas <hughthoma...@gmail.com> wrote: > > 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 > >> _______________________________________________ > >> apple-crop mailing list > >> apple-crop@virtualorchard.net > >> http://virtualorchard.net/mailman/listinfo/apple-crop > >> _______________________________________________ > >> apple-crop mailing list > >> apple-crop@virtualorchard.net > >> http://virtualorchard.net/mailman/listinfo/apple-crop > >> > > > _______________________________________________ > apple-crop mailing list > apple-crop@virtualorchard.net > http://virtualorchard.net/mailman/listinfo/apple-crop >
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