Legal Question in Business Law in New York

What contracts do I use for...

To whom it may concern:

I own a salon/spa and am about to hire two girls who will work for me as independent contractors getting paid commission. What specific contracts and forms do I need for them to sign? Also, are there any forms they/I need to fill out for the IRA?

Any and all information will be helpful. I want to protect myself and the girls that are working with me.

Thank you so much, in advance, for your time and trouble.

Sincerely,


Asked on 5/22/06, 10:11 am

2 Answers from Attorneys

Meyer Silber The Silber Law Firm, LLC

Re: What contracts do I use for...

I would include tax issues, customer list/secret issues, non-compete, obligations to the business and other things that might be unique to your business. Please let me know if you need anything further.

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Answered on 5/22/06, 10:19 am
Nancy Delain Delain Law Office, PLLC

Re: What contracts do I use for...

PLEASE talk with your accountant BEFORE you enter this working relationship.

Whether or not someone is a 1099 contractor (they pay self-employment taxes and you do not pay employer taxes) or a W-2 employee (you pay employer taxes and they do not pay self-employment taxes) is a complicated question that involves analysis of several factors, only a very minor one of which is how the employee is paid.

No matter which kind of employee they turn out to be, you will need an I-9 employment eligibility form for each of them (available from the US Citizenship & Immigration Service at http://www.uscis.gov/graphics/formsfee/forms/i-9.htm ), any state employment compliance materials (statutory disability, worker's comp, properly posted signage), and an employment agreement with each of them.

Please contact me offline if you wish me to work with you further.

Best wishes,

Nancy Delain

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 5/22/06, 10:35 am


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