California Surveyors Forums

It is if you set their hours.

To be an independent contractor, and sign contracts with you, they need to be in control of all work conditions except the location. That means they need to be licensed.

Mike Walters: maybe you should also review "Responsible Charge" as defined by BORPELS.

I like mine medium rare with salt & pepper and some garlic powder!

I think the point is that simply calling someone an independent contractor doesn't mean that they are.

In the context of employment and tax law, there are a number of "tests" that are applied to determine whether someone is legally an independent contractor or an employee.

In general, the independent decides when and how a job is done, tools, methods, etc. A person working under the direction of another is an employee.

If this person is injured, do you really want to defend a worker's comp or disability claim? Or if they are involved in an accident on the way to the job, do you think the injured party won't come after you because your surveyor was designated an "independent contractor"?

Why not just hire them part time and put them on a W-2?
Or, hire an LS who is licensed to work independently.

Woodcutter

About 10-15 years ago the tax thieves made it extremely hard to call someone a contract employee. They really want taxes on that $600. Plus a contract employee has more tax deductible expenses then a regular employee which again reduces the thieves revenue.

In the survey, or most licensed professions, a person can not legally be a contract employee if they are not licensed.

If you get caught just hand them your checkbook, the interest, fines etc are more than the actual wages/taxes. Happened to a friend who hired a LS to assist him in the field on contract. When he laid the LS off the LS applied for unemployment - OOPS.

I don't appreciate the "tax thieves" characterization but I used to use this sort of faulty reasoning heard on some blowhard's radio program. Our tax and employment laws are complex but they have been lawfully established by elected representatives; this is not theft. Your option is to get the laws changed which isn't easy because maybe most people aren't really serious about it other than making such statements. Maybe worker's comp is expensive and flawed (like everything human) but I doubt most workers are willing to give it up (people do get hurt at work, afterall).

"I don't appreciate the "tax thieves" characterization but I used to use this sort of faulty reasoning heard on some blowhard's radio program. Our tax and employment laws are complex but they have been lawfully established by elected representatives; this is not theft."


LOL

With all the taxes and fees we are forced to pay, how many times did you get a chance to vote on it. Govt income has gone up as fast as health care costs and govt is broke. Houston I think we have a problem.