Virginia Jury Instruction - 10.10.3 Employee vs. Self-Employed Independent Contractor
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The ABC test is used for most individuals, but for some jobs, industries, and contracting relationships, the Borello multifactor test applies. For more information on employment status, visit the Employment Status Portal.
FINANCES Common law employeeIndependent contractorAvailability for other workIs limited to working for your companyIs free to pursue other opportunitiesWages tied to hoursIs paid based on time spentIs paid based on deliverables3 more rows
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.
The law is clear Certain factors will define a worker as an independent contractor in every case: not relying on the business as the sole source of income, working at his or her pace as defined by an agreement, being ineligible for employer provided benefits and retaining a degree of control and independence.
Workers who perform most of their work using company-provided equipment, tools, and materials are more likely to be considered employees. Work largely done using independently obtained supplies or tools supports an independent contractor finding.
An employee normally works full time for an employer. An independent contractor is free to work when and for whom he or she chooses. (9) Work done on premises. Work performed on the premises of the employer for whom the services are performed suggests employer control, and therefore, the worker may be an employee.
The law further states that independent contractor status is evidenced if the worker: (1) has a substantial investment in the business other than personal services, (2) purports to be in business for himself or herself, (3) receives compensation by project rather than by time, (4) has control over the time and place ...
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.