Legal Question in Employment Law in Tennessee

1099 worker

Is there a limit on the amount of money an employer can pay an independent worker before they are considered an employee of the company? Can a person work with regularity at the same company without being on the company payroll? What if an independent worker gets hurt on the company premises?


Asked on 3/07/05, 4:53 pm

1 Answer from Attorneys

James R. Becker, Jr. Becker Law Firm

Re: 1099 worker

The distinction between being an independent contractor (1099 employee) and a regular employee (W-2 employee) does not lie in the amount of money paid to the employee. Rather, the distinction lies, in part, in the degree of control the employer exercises over the manner in which the employee does the work. There are a number of other factors that are included in this analysis. The Department of Labor maintains a web page discussing these factors. If you would like to schedule a consultation to discuss this issue, I can be contacted at [email protected].

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

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Answered on 3/07/05, 5:02 pm


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