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Employee versus Independent Contractor

Posted By: Love Being an IC on 2007-03-18
In Reply to:

http://jobsearchtech.about.com/od/laborlaws/l/aa121800.htm


I have read this article (you have to scroll down a little, but I have found it helpful in explaining some things regarding IC vs Employee.  Just wanted to share for anyone who is interested.      


 




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Independent contractor versus employee?
Can someone please tell me the difference between independent contractor and employee status?  I was employed for a company about 6 years ago where I was an independent contractor and they didnt take out federal taxes.  I then went to a company as an employee status where they did take out federal taxes out of my check?  As an independent contractor, do they all not take out federal taxes and can you request that they do if that is the case?  I have almost 10 years experience and have been applying for jobs left and right with no response and have only been answering ads for employee based work because of the federal taxes?  I can not understand why I am not getting any responses.  What am I doing wrong?
Independent contractor or employee status
Me again.  Does Transcription Relief hire independent contractors, or are you considered an employee?
Do they offer both statutory employee and independent contractor status? Thank you! NM
NM
Independent contractor
I hope I'm on the right board here.  Can someone tell me the perks of being an IC?  Is it just that you can set your own hours?  What does being an IC consist of?  Do you pay all your own taxes, SocSec, etc?  I've always been an employee and exploring new opportunities, but from what I see being an IC looks like a pain, with no benefits!! Thanks!
Independent Contractor..........nm
.
Independent Contractor
Can any of you IC's give me some info on what it is like to be an IC? I know you get paid by the line, but how many lines do you generally average a day/hour? Is there always a lot of work to keep you busy? Also, do you get to choose what hours you want to work instead of having set hours like you do as an employee? I just got hired by Terra Nova and would love any feedback on them as well. Thanks!
Independent Contractor
Thanks for the relys! If you don't mind me asking, which company do you work for? Is it a national company? It sounds like a great job!
Independent contractor
I need some help deciding on whether to take an independent contractor position. I was just offered 0.08/line being an independent contractor. Is this typical pay for an independent contractor position? I currently make that as an employee. How does the paying into Social Security work? Any feedback on employee position versus independent contractor position would be greatly appreciated.The good thing about this job is no set schedule. The paying taxes, getting own insurance, and paying into Social Security is the things that I am worried about. Any info would be greatly appreciated!
Independent contractor
They hired me as an independent contractor, and I was told that during my interview.
Are you an independent contractor?

Here's the link:
http://www.ebluewave.com/downloads/independent_contractors_20_questions.pdf


In the simplest of terms ... if you are looking for someone to hire you, then you're not independent contractor. However, if you see yourself as a one-person MTSO, and you conduct yourself in that fashion, then you are an IC.

I hope this helps at least one person. 


I AM AN INDEPENDENT CONTRACTOR
SEE WHERE IT SAYS IC????? I DON'T KNOW ANYTHING ABOUT EMPLOYEE STATUS!
IC status (independent contractor) sm

is just like it sounds.  You are contracting work independently from the company.  You pay all your own taxes including the other half of your SS which is called self-employment tax.  They cannot set your hours, but most places like to know an approximate time when you will be working.  I was IC for MQ for years and then they went to SE status where they had a little more control and then this.


Also, because you are IC you get no benefits whatsoever.  You are self-employed.  So if benefits are what you need, this is not for you.  But, if you need the flexibility it may work for you.  It worked for me for years.  Supported a family on it.  It was much better than what they have now.  In my case, I could actually pay my own insurance and disability insurance and still come out better. It just depends on the production you are able to do.  If you have any more questions, feel free to e-mail me.


Independent contractor status
Am nervous about this status as I have never been an IC before, but am willing to try it, just don't want to be highly disappointed.

Definition of an Independent Contractor
Defining the Independent Contractor

No consistent, uniform definition distinguishes an employee from an independent contractor. Some statutes contain their own definitions. The U.S. Supreme Court has held that when a statute contains the term employee but fails to define it adequately, there is a presumption that traditional agency-law criteria for identifying master-servant relationships apply (National Mutual Insurance Co. v. Darden, 503 U.S. 318, 112 S. Ct. 1344, 111 L. Ed. 2d 581 [1992]).

One comprehensive test that takes into account agency-law criteria and numerous other factors courts have created to define independent contractor status was developed by the Internal Revenue Service. Known collectively as the twenty-factor test, the enumerated criteria generally fall within three categories: control (whether the employer or the worker has control over the work performed), organization (whether the worker is integrated into the business), and economic realities (whether the worker directly benefits from his or her labor). The twenty factors serve only as a guideline. Each factor's degree of importance varies depending on the occupation and the facts involved in a particular case. Twenty-factor test [nl] 1.

A worker who is required to comply with instructions about when, where, and how he or she must work is usually an employee.

2.

If an employer trains a worker — requires an experienced employee to work with the worker, educates the worker through correspondence, requires the worker to attend meetings, or uses other methods — this normally indicates that the worker is an employee.

3.

If a worker's services are integrated into business operations, this tends to show that the worker is subject to direction and control and is thus an employee. This is the case particularly when a business's success or continuation depends to a large extent on the performance of certain services.

4.

If a worker's services must be rendered personally, there is a presumption that the employer is interested in the methods by which the services are accomplished as well as in the result, making the worker an employee.

5.

If an employer hires, supervises, and pays assistants for a worker, this indicates control over the worker on the job, making the worker an employee.

6.

A continuing relationship between a worker and an employer, even at irregular intervals, tends to show an employer-employee relationship.

7.

An employer who sets specific hours of work for a worker exhibits control over the worker, indicating that the worker is an employee.

8.

If a worker is working substantially full-time for an employer, the worker is presumably not free to do work for other employers and is therefore an employee.

9.

Work performed on an employer's premises suggests the employer's control over a worker, making the worker an employee. This is especially true when work could be done elsewhere. However, the mere fact that work is done off the employer's premises does not necessarily make the worker an independent contractor.

10.

If a worker is required to perform services in an order or sequence set by an employer, the employer has control over the worker that demonstrates an employer-employee relationship.

11.

A worker who is required to submit regular oral or written reports to an employer is likely an employee.

12.

Payment by the hour, week, or month tends to indicate that a worker is an employee; payment made by the job or on a straight commission points to an independent contractor.

13.

A worker is ordinarily an employee if an employer pays for the worker's business or travel expenses.

14.

An employer who furnishes a worker with significant tools, materials, or other equipment tends to show that the worker is an employee.

15.

A worker who significantly invests in facilities used to perform services and not typically maintained by employees (such as office space) is generally an independent contractor.

16.

A worker who can realize a profit or loss resulting from her or his services is generally an independent contractor.

17.

A worker who performs for more than one firm at a time is generally an independent contractor.

18.

If a worker makes his or her services available to the general public on a regular and consistent basis, that worker is generally an independent contractor.

19.

An employer's right to discharge a worker tends to show that the worker is an employee. An employee must obey an employer's instructions in order to stay employed; an independent contractor can be fired only if the work result fails to meet the agreed-upon specifications.

20.

If a worker has the right to terminate her or his relationship with an employer at any time without incurring liability, such as breach of contract, that worker is likely an employee.

See: Employment Law; Labor Law; Master and Servant.
Does that $0.9/65 Independent Contractor job come with food stamps?/sm

Does that $0.9/65 Independent Contractor job come with food stamps?

































































INDEPENDANT CONTRACTOR


 


EXPENSES


$0.09/65


 


$0.11/65


lines/8 hr day/40 hr wk


1200


 


1200


$/day


 


$108.00


 


$132.00


$/wk


 


$540.00


 


$660.00


$/yr


 


$28,080.00


 


$34,320.00


Health Ins @ 60+


$12,000.00


$16,080.00


 


$22,320.00


2 wk off/pd vac/PDO


$1,080.00


$15,000.00


 


$21,240.00


op costs


$1,200.00


$13,800.00


 


$20,040.00


minus taxes


$2,760.00


$2,760.00


 


$4,008.00


 


$17,040.00


$11,040.00


NET


$16,032.00


 


Who hires for TRUE independent contractor sm

positions..  Ones where they give you a set amount of lines and you set your own hours just as long as you get the transcription done within that period of time. 


I SAW a book on it once, too. It was called The Independent Medical Contractor.
nm
Diskriter, contractor or regular employee
I was just wondering if Diskriter hires on an IC basis or as a regular company employee? 
SC meaning SE (statutory employee) and or IC contractor.
Still looking for help on employee positions with no VR which are good. Thanks.
Are you employee or independent?
NM
Statuatory employee versus regular employee....
Can someone tell me the difference between a statuatory employee versus a regular employee?  My company offeres IC or SE status....I am confused about whether switching over the SE would benefit me more than IC status that I have been for some time with them?  What are the benefits and disadvantages of being an SE versus IC?  Thanks for all of your help!
MDI versus MedScribe versus SoftScript versus Transsolutions versus TransHealth. SM

I'm getting ready to start applying and these are the companies that I'm looking at.  So give me the low-down.  Good, bad, India?


Here are my criteria:


9 cpl or better


Does NOT send work to India


Good accounts with at least 50/50 of ESL versus American dictators


Consistent work flow - no downtime or time spent waiting for work


Upper management should be professional, positive, and encouraging.


Pay for lines WITH spaces.


Is there such a job out there or am I just dreaming?  If there are other companies other than the ones I listed that would fit the bill, please feel free to let me know. I tested with TransHealth and I felt like I tanked.  It was a hard test and I had to use the mouse to stop and start the dictation as it was online test and you couldn't download the voice files.  So that made it a lot more difficult.  One of the dictators was cutting himself off through the report and I had to leave some blanks.  I'm very frustrated with this whole process of looking and testing.  Are all the tests like that?  Or are there companies that allow you download the test files and transcribe them using your pedal and software?  Ugh!  I am just so frustrated and discouraged.


Thanks for any helpf.


IC versus Employee
As an IC, you can deduct at 100% all of your expenses.  An an employee, you can only deduct the amount that exceeds 2% of your gross income (if you are married and filing jointly, it is yours and your sponse's combined gross income).  In other words, if your joint combined gross income is $100,000, you can only deduct your expensed over $2000.  That is a huge amount to have to not include.  Check with any tax accountant or IRS regarding this.
IC versus employee

This is a muliple-part question--hoping someone here can help with some or all of them! 


1.  Does anyone have experience working for Shriners' Children's Hospital inhouse in Norcross, GA?  Many ESLs, how are working conditions, etc?


2.  I've been recently sent home from my small office practice (didn't volunteer!) and changed from transcription/med records clerk employee to IC; lost benefits. I think a little further on I'll have to get another inhouse job--remains to be seen if I can afford to live on this reduced income.  Does anyone have solutions regarding health insurance for self-employed, single people?  In my state an individual BCBS premium for someone my age is $300.00/month w/$250.00 deductible. (Yikes!)


3.  How to tweak my (hopefully) next interview to reflect that in my last job I was told basically I wasn't a good "fit" for the office, even though they were happy with my work quality and quantity?  In their opinion I didn't pitch in and answer phones quickly enough, schedule patients and take on copying duties cheerfully enough--in short, lacked a positive attitude, even though I DID do these extra duties politely. I'm nearly 60 years old--and don't do perky very well.  Should I just explain this last job didn't suit my skills and personality? 


Thanks for reading thus far--will appreciate your suggestions or input!


 


 


If you are an employee versus IC, then
the MTSO can control your hours. MQ did away with their ICs/SEs years ago. There may be tax breaks too, I don't known.
If you are an employee versus IC, then
the MTSO can control your hours. MQ did away with their ICs/SEs years ago. There may be tax breaks too, I don't know though.
IC versus employee

The IRS has strict guidlines as to what criteria you meet as an IC versus an employee and rest assured both the person and the company will BOTH be fined.  There is definintely one answer the IRS does nto accept and that is I didn't know.  As an IC you are considered a business and you better know your business or you will get burned by compaines as well  as the  IRS. 


IC versus employee
If you quit your job, I don't believe you will be eligible for unemployment.  You have to be let go by them.  I work as an IC and you have to also pay self-employment tax, which you obviously don't have to pay if you are an employee.  As an employee, you will have some benefits as they call them, whereas you will have none as an IC (including no vacation pay, insurance, long-term disability, etc).
Employee versus IC/SE
Well I started out at MDI-FL, then Transcend as an IC and would have been happy to stay that way but they made that impossible because you had to buy E&O insurance and Worker's Comp insurance and get an EIN number (not your SS #) so I went to employee status but I don't use the benefits as we have insurance thorugh my husband's work so I would prefer the higher line rate over the benefits.
IC versus employee status

I am considering a job offer which will make me an employee after being IC status for the past 9 years.  This job is 2 cents/line lower than what I make as an IC.  I also have extra expense now with unlimited LD and equipment rental that I won't have as an employee.  I am concerned about dropping 2 cents/line, but without the headaches of dealing with taxes every year, it might be worth it.  Any thoughts from anyone who has gone from IC to employee?


Thanks!


IC status versus employee
I've been offered an IC position.  Any advice you can give would be great!!

First, both companies are offering me the same line rate.  What I'm pretty naive about are the tax portions.  Would I be paying out more in taxes as an IC as compared to a company taking them out as an employee?  If anybody lives in Pennsylvania, could you please let me know how much I would need to take out of each check to be safe at tax time?

Thanks so much! 
Statutory employee versus IC.....
I know that being a statutory employee has some SS taxes taken out by the company, but does being a statutory employee mean a company can make you stick to a set schedule?
IC versus employee - job security

Which status affords more job security with a company?  Working as IC now and love the account and the company.  I really want to ensure a long future with the company, so wouldn't going PT employee status be the obvious choice over remaining IC?  I understand the pay is a bit lower but is one really more advantageous than the other.  I do not need benefits currently; however, they do offer a 401K program for their PT employees.  Thanks for any input.


IC versus Employee - Nuance
Does Nuance only have employees? If they only have employees, I wonder why? Wouldn't they save money with IC's? What is the advantage to Nuance with having employees? Just asking why..
IC versus Employee Status
What is the best way to go here?  If you are an IC, what do you like best about it?  Is it easy to find affordable insurance?  What are the advantages?  I am single and need to be insured, but if you make more per line maybe this wouldn't be a bad option.  I know MDI only hires IC and wondering if it is worth my time to work for them as an IC.  People seem to LOVE working there and I am tempted, but the IC status scares the heck out of me.
IC versus Employee Status
What is the best way to go here?  If you are an IC, what do you like best about it?  Is it easy to find affordable insurance?  What are the advantages?  I am single and need to be insured, but if you make more per line maybe this wouldn't be a bad option.  I know MDI only hires IC and wondering if it is worth my time to work for them as an IC.  People seem to LOVE working there and I am tempted, but the IC status scares the heck out of me.
IC versus employee...if you are making...sm
If you were making 8 cents a line as an IC what would that equal to as an employee?  I know there are many factors, such as deductions, etc. as an IC, but overall, would that be the same as making 7 cents a line?  I am just trying to wrap my head around a couple of different offers and the pay just seems to get lower and lower.  Thanks.
IRS has guideline IC versus employee sm

and yes, they regard the IC situation as if an employee.  They do it, as they get away with it.  As is said, people do IT (whatever that may be), because they CAN (meaning nobody stops them)


They dictate to the IC in contract form -   the lines expected  how long to accomplish this j, hours and days, etc.


Google.com    IRS independent contractor guidelines (or some such other term). 


A contractor is a contractor

My brother is a painting contractor, doing primarily office/industrial jobs.  When he bids on a project the buyer can make certain reasonable conditions: You can start any day after May 15 and we want you finished by our big open house June 1.  You have to work after business hours, i.e., from 6 p.m. to 7 a.m. or weekends.  We want high-quality washable semi-gloss paint.  Don't splatter paint on the floor, furniture or woodwork; you are responsible for damages.


He tells them what he charges.  If that works for both parties and everyone's needs can be met, then they sign the contract. 


What the buyer cannot do is specify:  Your crew will consist of 5 men.  You will clock in from 6:01 p.m. to 6:59 a.m. every day from May 16 through May 31.  You must use a 2 boar bristle brush and 12 rollers with 1/2 nap.  You must mask off all woodwork and use 12' x 12' vinyl drop cloths.  (It is understood that you are hiring a professional and he already knows how to do the job.) You will use 100 galons of  XYZ brand paint which you can only buy from my cousin Vinnie.


Only the most general control can be exercised by the company hiring the contractor.  Obviously the location where this type of work will be done is fixed.  The date and time parameters are much less specifc.  The methods and materials are completely up to the contractor. 


I worked for them through a contractor.
And I loved it, loved the platform and they were very nice. Unfortunately when I tested for them a few months ago I got 96% and they require 98% DRATS! I will try again though!
this may sound dumb but what exactly is an independant contractor?
I've always been an employee
Independent = what is it? (SM)
Independent just means you are not on a time clock. As an IC, you contract to do work in the format and time table as dictated by the person who contracts you.

For example -- my lawn man is an IC. He can do my lawn when he wants, as long as it is done twice a week, but not closer than 3 days nor more than 4 days, as long as he does not use any motorized equipment (noise making of any sort) before 9 a.m. or after 4 p.m, as long as he does not do my lawn on weekends. My grass must be cut to a length acceptable to me. My bushes must be trimmed. The grass and trimmings must be removed from my lot. Plants and bushes cannot be changed, planted, nor removed without my permission. My sprinklers must be checked every time they come, and if I report a broken sprinkler, I expect it to be fixed with 24 hours.

But, given all of the above, the lawn man is an independent contractor and I pay a flat fee for services weekly. If he does not comply, I will terminate his service without notice.
independent
does anyone experience trouble with getting paid when working as an IC?  i have been considering stentel and wonder if they have direct deposit and if pay is on time, lots of work?  I appreciate all the help.  thank you.
IC= independent
Perhaps you should read the law about it. If they control the specific hours, then the law says they have to hire employees. ICs can control their own schedules. obviously, that's why it's called independent. Read the IRS definitions.
i'm an independent sm

Literally NO politician gets a free pass from me.  Case in point:  Rick Perry & Kay B. Hutchison are running on the R ticket for Gov. here.  Neither of them will get my vote. 

John Cornyn won't, either. 


Too many career politicians that are self-serving and conveniently won't let US decide on term limits.  Does MQ give us all that?  Do they give us the health care that the politicians get?  Why should they get the platinum coverage for themselves and their family, and we don't?


Think about it.


I am independent but
the platform I work on, I think, is extremely good. I have said for some time now the money can be made but you have to have a good system and apparently not all fit that category. Oh, the dictators I have now are far from anything that resembles good dictators, terrible. I really don’t know of anyone who escapes those (unless you work for a few doctors perhaps in an office) but I do a hospital that is about 400+ bed.
Independent contractors
Can anyone who ICs give out a few good recommendations for good companies hiring ICs?  Anyone work FT for company and start IC?  Thanks
Independent contracting

Saw an ad recently for a company wanting to hire recruiters to bring in MTs and in turn would pay recruiter/IC a percentage of their recruited MTs overall work for a certain period of time.  Is this legit?


I am an independent and I cannot get client to pay
Anybody have any options for me how to go about getting paid?
Need some help from independent contractors, please.

I am going from an employee status to an independent contractor.  Exactly how much more of my taxes will I be paying instead of my employer.  I am looking at my paystub from my employee status and I see FICA and Medicare being withheld.  Does the employer pay a portion of the both the FICA and the Medicare or just the FICA.  Is the percent like 7% or 8% or something else.  I am just trying to figure out how much of my line rate this is going to eat up.


Independent Transcription...
Does anyone have current information?  Is this the lady that stiffs on pay?  She is looking for spine ortho MT on other job board...  Any info?