The label you use doesn't matter — the working relationship does.
Likely an employee if you…
- Set their hours and how the work is done
- Provide tools and training
- Rely on them for core, ongoing work
Likely a contractor if they…
- Run their own business and serve other clients
- Set their own methods and invoice you
Some states (California, Massachusetts, New Jersey, Illinois and others) presume workers are employees unless strict tests are met. When in doubt, ask Safe Harbor about your state.
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