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Topic: Employee & Independent Contractor
Messages (2) Visitors (155)
Jeanette Roman
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Employee & Independent Contractor
01-21-2010 / 1:29 pm #1
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I have a full time, non-exempt employee and would like to hire this employee as an independent contractor to do some side work for the company (not related to his FT employee duties). The employee and contractor jobs would be entirely separate. Is this legal?
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Georgette Baxter, SPHR
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Re: Employee & Independent Contractor
04-29-2010 / 4:23 pm #2
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An attorney can tell you if it's legal or not, but as an HR professional, I would not recommend this approach. Due to the FLSA, and IRS's rules on Independent Contractor status, too many lines are crossed. Since the employee is non-exempt, you're better off paying the employee on the clock to perform this work, even if it's performed from home or at another location. Keep in mind that travel from work site to work site may also come into play.
Good luck,
Geo
Modification count: 1
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