Guidelines to Determine "Hourly Employee" and "Independent Contractor"
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| PERSON IS AN HOURLY EMPLOYEE |
PERSON IS AN INDEPENDENT CONTRACTOR |
| Works prescribed hours and employer determines work to be done and how, usually under someone's supervision. |
Works when he/she determines. |
| Works at employer's office or premises with a set time in and out. |
Works in own office or upon premises of employer at his/her own option. |
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| Does not offer his/her skills or services to public at large. |
Offers services to public or to other entities under his/her own terms and conditions. |
| Employer furnishes tools and equipment. |
Furnishes own tools and equipment. |
| Paid a salary or hourly wage. |
Usually paid on a per job basis, often according to written contract. |
| Employer provides fringe benefits, such as sick days, hospitalization insurance, group insurance, paid vacations, etc. |
Does not participate in fringe benefits extended to regular employees. |
| Employer carries liability insurance upon him/her. |
Carries own liability insurance. |
| Employer furnishes assistants and determines when and how many are needed. |
Hires own assistants; determines their compensation; pays "wages" from his/her own resources. |
NOTE: THIS GUIDELINE ONLY APPLIES WHEN THE PERSON BEING HIRED HAS NOT WORKED FOR THE DISTRICT WITHIN THE SAME CALENDAR YEAR (JANUARY TO DECEMBER). CALL PURCHASING & BUSINESS SUPPORT SERVICES (994-2261) FOR ADDITIONAL INFORMATION AND CLARIFICATION.