> If they work 40 hours a week, 50 weeks a year, for the same company they are considered an employee and can't be given a 1099
IANAL but this is not the legal framework for determining whether someone is a 1099 resource. There are plenty of people who work 40 hours a week, 50 weeks a year for the same company and are still legally considered IC's.
Behavioral: Does the company control or have the right to control what the worker does and how the worker does his or her job?
Financial: Are the business aspects of the worker’s job controlled by the payer? (these include things like how worker is paid, whether expenses are reimbursed, who provides tools/supplies, etc.)
Type of Relationship: Are there written contracts or employee type benefits (i.e. pension plan, insurance, vacation pay, etc.)? Will the relationship continue and is the work performed a key aspect of the business?
IANAL but this is not the legal framework for determining whether someone is a 1099 resource. There are plenty of people who work 40 hours a week, 50 weeks a year for the same company and are still legally considered IC's.
See here for clarification: https://www.irs.gov/businesses/small-businesses-self-employe...
Behavioral: Does the company control or have the right to control what the worker does and how the worker does his or her job?
Financial: Are the business aspects of the worker’s job controlled by the payer? (these include things like how worker is paid, whether expenses are reimbursed, who provides tools/supplies, etc.)
Type of Relationship: Are there written contracts or employee type benefits (i.e. pension plan, insurance, vacation pay, etc.)? Will the relationship continue and is the work performed a key aspect of the business?