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What Is the Difference between an Employee and an Independent Contractor

By November 5, 2021No Comments

As businesses evolve and adapt to changing market conditions, many are beginning to explore the use of independent contractors in addition to traditional employees. While both employees and independent contractors provide services to a business, there are distinct differences between the two.

Legal Classification

The first major difference between an employee and an independent contractor is their legal classification. Employees are classified as such under the Fair Labor Standards Act (FLSA) and are entitled to certain rights and protections such as minimum wage, overtime pay, and other benefits. Independent contractors, on the other hand, are considered self-employed and are not subject to the same regulations as employees.

Control over Work

Another key difference between employees and independent contractors is the level of control a business has over their work. An employee typically has a set schedule and is expected to perform specific tasks according to the employer`s guidelines. Independent contractors, on the other hand, have more control over their work, including when and how they complete their tasks.

Payment and Taxes

The way in which employees and independent contractors are paid is also different. Employees are typically paid on a regular basis, such as weekly or bi-weekly, and their taxes are withheld by the employer. Independent contractors, on the other hand, are responsible for paying their own taxes and are generally paid on a per-project or hourly basis.

Benefits and Protections

Finally, employees are entitled to certain benefits and protections that independent contractors are not. This can include health insurance, retirement plans, workers` compensation, and unemployment insurance. Independent contractors are responsible for their own benefits and must purchase their own insurance and save for their own retirement.

Conclusion

In summary, the main difference between an employee and an independent contractor is the level of control a business has over their work, their legal classification, payment and taxes, and benefits and protections. While both employees and independent contractors provide valuable services to businesses, it is important to understand the differences between the two and classify workers appropriately to ensure compliance with federal and state laws.