Legal Question in Employment Law in New York

There are many factors used to evaluate whether a worker is an employee or independent contractor (IC).

To be clear, the key element is "control." How much control do you exert over them? For example, your landscaper is a true IC. You don't tell him when and where to show up; you do not supervise his work or control the manner in which he does it; he is free to work with other clients; he uses his own equipment and wears his own brand on his clothes; he is not paid by the hour or per diem, but invoices you for services; he likely has his own proper business structure, among others.

Be very careful here as the state is on a witch hunt right now because of these misclassification issues and all the lost revenue they engender.

You may want to consult a lawyer in private. If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.