Can we employ our staff as independent contractors?
Full Question:
Answer:
We cannot give legal advice. The following is not a substitute for the advice of a local attorney. But we hope the information will be useful.
It is uncertain whether you can employ your people as independent contractors - it is a very detail-driven determination. The nature of that is that you just tell them to do a job, and leave the details of how they do it up to them. If there is much control of the process on your part, the the law won't view them as independent contractors. Independent contractors usually have a high degree of specialization. Homemaker may well not qualify, since you are probably contracting with the customer to do specific jobs around the house (a list). This is basically control of what your employee is doing to the extent that it is really doubtful the law would view them as independent contractors.