The Classification of Service Providers as "Contract Workers" rather than "Employees": Implications and Guildlines for Small Businesses

Authors

  • Matthew C. Sonfield Hofstra University

Abstract

Small businesses can reap a variety of benefits by classifying some of their workers as "contract workers" rather than "employees." However, there are significant risks involved as well. This article explains the issues and regulations involved in such a classification, gives some examples, and then provides the small business owner, manager and advisor with a series of guidelines to increase the likelihood of correct classification, maximum benefit and minimum risk to the company.

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References

Anderson, M. ( 1997). A primer in measuring outsourcing results. National Productivity Review. ll ( I ), 33.

Bernardi, L. ( 1 997). Contract workers: managing em ployees in the new world of work. Canadian Manager. 22 (3), 19.

Braff, J. ( 1 997). Legal pitfalls of classifying workers. HR Focus. 74 (12), S9.

Chvisuk, G. (1996). Independent contractor status-beyond the 20 factors. Agency Sales Magazine. 26 (2), 34.

Cohen, I. ( 1997). Em ployee m isclassification. Internal Auditor, 54 (3), 40. Greising, 0. (1998, Jan. 12). I t's the best of times - or is it? Business Week, 36.

Houseman, S. (1997). Flexible staffing arrangement in the U.S. Workl ife Report, I O (4), 6. hnp://thomas.loc.gov/home/thomas.html.

IRS (1987). Rev. Ru!. 87-41, 1987-1 C.B., 296.

IRS PLR (Private Letter Ruling) 9707019, 1997 West Law Database FTX-WD #62181. IRS PLR (Private Letter Ruling) 9738015, 1997 West Law Database FTX-WD #579253.

IRS TAM {Technical Advice Memorandum) 9717001, 1997 West Law Database FTX-WD #200902.

IRS TAM (Technical Advice Memorandum) 9736002, 1997 West Law Database FTX-WD #543443.

Jackson, W., Gee, E. & Knight, M. ( 1997). How to shift the burden of proof to the IRS on independent contractor status. Tax Advisor., 28 ( I 0), 642.

Jenero, K. & Menne!, E. (1997). New risks for employers: misclassified "independent contractors" may be entitled to costly employee benefits. Employee Relations Law Journal. 22 (4), 5.

Krawczyk, K., Wright, L. & Sawyers, R. (1996). Independent contractors: the consequences of reclassification. Journal of Accountancy. 181 {I), 47.

Mason, J. & Brozovsky, J. (1997). Section 540 worker classification relief provisions after the Small Business Act of 1996. Ohio CPA Journal. 56 (2), 13.

Readers' views on contractors. Nation's Business, July 1996, 84(7), 65.

Robinson, J. & Hulen, M. (1996). Employees or independent contractors? National Public Accountant, 41 (3), 28.

Temps forever (1997, October 13). Business Week, 8.

Uchitelle, L. (1996, Dec. 8). More downsized workers are returning as rentals. The New York Times, p. I.

Wolfe, M. (1996). That's not an employee, that's an independent contractor. Compensation and Benefits Review. 28 (4), 60.

Published

1998-01-16

How to Cite

Sonfield, M. C. (1998). The Classification of Service Providers as "Contract Workers" rather than "Employees": Implications and Guildlines for Small Businesses. Journal of Small Business Strategy, 9(1), 17-25. Retrieved from https://libjournals.mtsu.edu/index.php/jsbs/article/view/377

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