Georgia Employment of Independent Contractors Package
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How to fill out Employment Of Independent Contractors Package?
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FAQ
The Fair Labor Standards Act (FLSA) treats contractors as self-employed people. Since the FLSA minimum wage and overtime requirements apply only to employees, it means 1099 workers are exempted from getting compensated for the over 40 hours in a workweek.
If the company provides benefits such as insurance, a pension plan, or vacation pay, the worker will likely be categorized as an employee rather than an independent contractor. Generally, independent contractors are considered to be a separate entity from the business.
Under Georgia law, independent contractors do not qualify for workers' compensation. On rare occasions, the employer may offer workers' comp, but they're not legally obligated to do so unless you're a permanent employee at the business. Independent contractors, freelancers, and consultants are considered self-employed.
For the employee, the company withholds income tax, Social Security, and Medicare from wages paid. For the independent contractor, the company does not withhold taxes. Employment and labor laws also do not apply to independent contractors.
If you are self-employed or a 1099 employee and have lost contracts or income recently, you might be wondering if you can file for unemployment benefits. Usually, you cannot; however, the COVID-19 pandemic has changed that and certain relief bills now allow for such workers to file claims.
If you are an independent contractor, then you are self-employed. The earnings of a person who is working as an independent contractor are subject to self-employment tax. To find out what your tax obligations are, visit the Self-Employed Individuals Tax Center.
While employees are always eligible for unemployment benefits if they are laid off, an independent contractor will only be eligible if they pay separately into the state unemployment fund. However, if your status as an independent contractor is questionable, filing for unemployment may be worth a try.