1. Worker classification:
Workers are classified as employees if they are under the direction and control of their employer. Contractors are classified as self-employed and are not subject to the same rules and regulations as employees.
2. Wages and hours:
Employees must be paid at least minimum wage and must receive overtime pay for hours worked over 40 in a week. Contractors are not entitled to these benefits.
3. Overtime pay:
Employers must pay overtime wages to employees who work more than 40 hours a week. This does not apply to contractors.
4. Benefits:
Employees are typically entitled to benefits like health insurance, paid time off, and retirement plans. Contractors are not typically offered these benefits.
5. Taxes:
Employees have payroll taxes withheld from their paychecks, while contractors are responsible for paying their own taxes.
6. Workers' compensation:
Employees are covered by workers' compensation insurance if they are injured on the job. Contractors are not typically covered by this insurance.
7. Unemployment insurance:
Employees can file for unemployment insurance if they lose their job. Contractors cannot file for unemployment insurance.
8. Right to terminate the relationship:
Employers can terminate the employment relationship with employees without notice or reason, but they cannot do so with contractors.
9. Notice of independent contractor status:
Employers must notify workers in writing if they have been classified as contractors rather than employees.
10. Signatures of both parties acknowledging the independent contractor relationship:
Both the employer and the contractor must sign a document acknowledging that the worker is a contractor rather than an employee.