Employee or Contractor? How to Decide Without Falling Asleep or Pulling Your Hair Out.

One of the biggest questions that I receive from clients is how to classify employees. With each set of classifications – exempt, nonexempt, contractor – comes a new set of rules. This causes many employers to stick with what they know – hiring employees. In this new economy, employers are rethinking their strategies for aligning talent with their strategic goals. The Rules The FLSA (Fair Standard Labor Act) has guidelines that legislate whether an employee is a '1099 Contractor' or an 'Employee'. Here are some questions to think about in determining whether your relationship is a Contractor (1099) or an Employee (W2): 1. Does the employee make his/her own hours? 2. How/when is the emplo

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