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Some general protections provided under the Fair Work Act 2009 extend to independent contractors and their principals. Independent contractors and principals are afforded limited workplace rights, and the right to engage in certain industrial activities.
How to hire a 1099 employeeCorrectly classify the individual.Check credentials and employment history.Create a contract.Have them fill out the proper forms.Integrate into company.
If a person is truly an independent contractor (meaning they meet all three elements of the three part test), then the wage and hour laws are not applicable. This includes minimum wage, overtime, and rules for the timely payment of wages under the Massachusetts Wage Act.
Before you hire an independent contractor, you need to have three important documents: A W-9 form with the person's contact information and taxpayer ID number, A resume to verify the person's qualifications, and. A written contract showing the details of the agreement between you and the independent contractor.
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.
If you paid someone who is not your employee, such as a subcontractor, attorney or accountant $600 or more for services provided during the year, a Form 1099-NEC needs to be completed, and a copy of 1099-NEC must be provided to the independent contractor by January 31 of the year following payment.
1099 contractors are easier to hireyou simply draft up an agreement and get working. There are very few legal ramifications; you can let them go at any time. And importantly, 1099 contractors may be less expensive than hiring a permanent full-time person.
An independent contractor is not an employee; therefore, he's not paid through the payroll. As a small-business owner with both employees and independent contractors, it is important that you know the differences between the two.
The most common contractor payroll form is the 1099-MISC, which you're required to file if you pay a contractor more than $600 in a year. This can be a chore for the small business owner, as it means manually sending each contractor you hire their respective 1099.
Contractors do not fall under most general employment legislation such as the ERA and the Holidays Act 2003, meaning they do not need to have a written employment agreement, and are not entitled to minimum wage or other employment entitlements, such as paid statutory holidays or sick leave.