Determining Employment Status

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In general, determining employment status depends on the degree of control that is exercised over the individual whose status is being determined. Get information on employment status in relation to workers' compensation or the IRS with help from a certified civil mediator in this free video on employment status.

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Video Transcript

You've decided to go into business for yourself, and you have learned that as an employer, it may make a difference whether you have employees or independent contractors. Hello, I'm Robert Todd, and I'm here to answer the question: How to determine an employment status. Well, it's going to depend on which law you are concerned with. Generally speaking, determining employment status depends on the degree of control that is exercised over the individual whose status is being determined. How much control does the employer exercise? If you're looking at Workers' Compensation, there are various criteria that are considered by the courts in determining the Workers' Compensation status. If you're looking at Internal Revenue Service, there are various criteria that are determined by the Internal Revenue code. And if you are looking at whether you're going to have to pay this individual minimum wage and overtime, you're looking at various criteria with the Fair Labor Standards Act and the wage and hour determinations that are made by the United States Department of Labor. So if you have a question with a specific law, you may want to consult a specialist lawyer that specializes in that area of law. I'm Robert Todd, and thank you for watching.

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