Re:LinkedIn to pay nearly $6M in unpaid overtime wages and d...
by JoeAltmaier on Tuesday August 05, 2014 @03:27PM
(#8138813)
Also not subject to federal pay withholding (for taxes). So its important to get it right.
However, if it is discovered that a "contractor" is an employee everywhere but on paper, then the employer can still be liable for labor law violations. IIRC part of the test is "Can they choose their own hours? Do they use their own tools or are they provided/maintained by the employer? Does the employer dictate how they must do their work, or only specify deliverables?"