Reply to Who are the people spewing "misinformation" about ICs?

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Reply to "Who are the people spewing "misinformation" about ICs?"

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[quote=Anonymous]It depends on the nature of the agreeement.  An independent contractor is independent.  One who provides the same service to the public and anyone can hire that person for the same services.  In our case, we contacted the main person.  She came to give a free estimate and provided us a printed list of the services that they provide.  We asked if she did other tasks and she said she would for an additional fee.  She reviewed the rooms and gave us a quote with and without the extra services.  We do not have a fixed date.  We make appointments.  We either call and she tells us the days that she is free and we select one of those or when she comes for a cleaning, at the end, we can schedule a new date.  She provides all supplies, employees as needed to complete the cleaning and we specifically do not dictate how she works.  She does the tasks that she originally provided.  We have no control over how she does the job or who she hires.  We have a choice to not call her again or to call her again.   We are clearly not her employer, but her customer.

If you have a cleaner who comes on a regular schedule, or that uses your household supplies, or that does the cleaning the way that you instruct (you provide instructions for how, when, what) then you have a household employee who comes during her "work shift" and performs tasks as you, her employer, instructs.

In either case, the person can be an individual who you pay directly, can have set herself up as an LLC or not, and can provide the same services to multiple employers.  None of these have a bearing on whether the person is an independent contractor or not.  The way the job is set up conveys whether your specific housekeeper is an employee or an independent contractor.  [/quote]

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