I currently run a small medical delivery service out of NYC, and use independent contractors. Am I required by law to carry workmans comp for them ? If so, who is required to pay ?
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Read More Answered By: Mark S. Moroknek |
The Department of Labor has a publication on its website that explains the definition of employee versus independant contractor. The distinction is not based on what they are called, but rather, how much control the employer has over the manner and methods used to complete the work the person does.
Many small businesses have taken the position they have no employees, only to be investigated and assessed unemployment insurance contributions. Invariably, it results in a long drawn out process with potential criminal penalties as well as civil liability. I have experience in the area if you wish to discuss this. |
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