Legal Question in Employment Law in Florida
employment vs contract labor
if a church hires one person who signs a contract to do regular labor, can that person be hired as ''contract labor'' (1099) or must they be an ''employee'' of the church (W2)?
1 Answer from Attorneys
Re: employment vs contract labor
It could be either.
Whether someone is a true independent contractor or an emplyee depends on a number of things and it can be at times difficult to determine.
Generally, if the person tells the one hired when to show up and when to leave, supplies the tools, directs the work, etcetera then that is an employee.
If the person is hired to do a job and the person hiring does not control how it is done, then that is an independent contractor.
Usually, the plumber you hire to fix a leak is an independent contractor, while the handyman that is hired to work 9 - 5 every day to repair issues that arise is an employee.
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