World Employment Law  
     
Your Local Expert
New York

Duane Morris LLP
A full-service law firm with more than 700 attorneys in 24 offices in the United States and internationally, offers innovative solutions to the legal and business challenges presented by today's evolving global markets.
> Read More
> Contact

 
Main Menu New York
 
 
   
 
Employment menu
Click below to learn more:

Employee Status

Introduction

It is critical that an employer correctly determine whether an individual providing services is an employee or independent contractor.  Generally, an employer must withhold income taxes, withhold and pay Social Security and Medicare taxes, and pay unemployment tax on wages paid to an employee.  In addition, many laws extend protections to employees and do not cover independent contractors, such as laws governing minimum wage, overtime, meal and rest breaks, payment practices and other wage-related issues.  Similarly, the Federal and State anti-discrimination laws generally extend only to employees, although some statutes, such as New York City’s Human Rights Law, cover independent contractors.

An employer’s classification of a worker as an employee or independent contractor is not dispositive and failure to properly classify can lead to significant liability.  If there is ever any ambiguity as to whether someone is an employee or independent contractor, courts will generally find an employment relationship.  This section will provide a general overview of the employee/independent contractor analysis and does not constitute legal advice.  Please consult with an attorney on specific issues regarding proper classification of its workforce.





 
 
 
Contact us :: FAQs :: Site Map :: Useful links :: Terms and Conditions :: Partner Programmes
© Global Business Media