pest business, employees as independent contractor?

Discussion in 'Business Operations' started by toxic man, Sep 22, 2004.

  1. toxic man

    toxic man LawnSite Member
    Messages: 90

    Can I as the owner of a pest control ( as the holder of the QAL license), weed control business, hire employees as independent contractors and still have them supervised under my license? Is anyone doing this?
  2. Mdirrigation

    Mdirrigation LawnSite Gold Member
    Messages: 3,722

    You cant hire employees as independent contractors. They are one or the other. An independent contractor , tells you what he is charging, he would also have his own insurance and workmans comp, he works the hours he wants . The IRS website has guidelines on the defination of employee and independant contractor.
  3. DiscoveryLawn

    DiscoveryLawn LawnSite Senior Member
    Messages: 408

    I copied this from the IRS web site for you;
    "Independent Contractor

    An employer must generally withhold income taxes, withhold and pay social security and Medicare taxes, and pay unemployment tax on wages paid to an employee. An employer does not generally have to withhold or pay any taxes on payments to independent contractors.

    The general rule is that an individual is an independent contractor if you (the person for whom the services are performed) have the right to control or direct only the result of the work, and not what will be done and how it will be done or method of accomplishing the result."

    I hope that helped.

    Also, the contractor can set the price he is willing to pay to an independant contractor and the independant has the right to except those terms or go somewhere else.

    As far as they operating under your license, I think that is where you get into trouble. If they operate under your license then you must be in a possition to control how the work will be done and the method of which to accomplish the result. If the independant has their own license than they do not need to be supervised.

  4. toxic man

    toxic man LawnSite Member
    Messages: 90

    Well, I guess that answers that. Thanks for the input, you guys are great.

    Now, I'm off to more conspiring.


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