Legal Question in Business Law in Texas

Can nurses be independent contractors or sub-contractors, instead of employees, for staffing agencies in the state of Texas?


Asked on 2/17/11, 10:51 am

1 Answer from Attorneys

Kevin B. Murphy Franchise Foundations, APC

Franchise Attorney I can say it depends on all surrounding facts and circumstances. Generally speaking, using independent contracts who are in fact disguised employees is forbidden. These are high risk areas and when (not if) the agency is audited by the IRS and state agencies, they almost always find it is an employment relationship. But then again, depending on the real facts and how it's structured, it could be a different result. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 2/21/11, 7:41 am


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