New York Jury Instruction - 10.10.3 Employee vs. Self-Employed Independent Contractor

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US-11CF-10-10-3
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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

How to fill out Jury Instruction - 10.10.3 Employee Vs. Self-Employed Independent Contractor?

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FAQ

If you work for a person or a company and earn $600 or more paid to you in cash (again that means paid to you by cash, check, trade, credit card payment?just no taxes taken out) within a year they are required by law to send you a 1099-MISC.

If payment for services you provided is listed on Form 1099-NEC, Nonemployee Compensation, the payer is treating you as a self-employed worker, also referred to as an independent contractor.

As a self-employed individual, you're required to report all income. If your net earnings are over $400, then you'll have to pay self-employment taxes using Schedule SE . You'll need to submit the 1099-NEC when you file your taxes, but remember, estimated tax payments are usually required throughout the year.

What is a 1099 employee? A 1099 worker is a freelancer, independent contractor, or other self-employed worker that completes particular jobs or assignments; they are not employees of the company. Since they're not deemed employees, you don't pay them wages or a salary.

Simply put, a 1099 employee is a non-payroll worker. They might be self-employed or they may own a business, but they are not an employee of your business.

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New York Jury Instruction - 10.10.3 Employee vs. Self-Employed Independent Contractor