Independent Contractor versus EmployeeDefinitions

The following provides definitions that will help you in your process for determining the difference between an independent contractor and an employee.

Misclassification of Employees

Employers that classify an employee as an independent contractor and lack a reasonable basis for doing so may be held liable for employment taxes for that worker

Leave and Time Off 

Many employers provide leave and time off as a voluntary benefit. It is important for employers to understand which kinds of leave or time off are required by law, and which they may choose to provide. As an employer, you may be required by law to provide employees with leave in certain circumstances, such as those covered by the Family and Medical Leave Act (FMLA).

Common voluntary, employer-provided time off includes:

• Sick leave
• Vacation
• Personal leave
• Paid time off (PTO)
• Holidays
• Bereavement

This Section will also feature federal and state-mandated leave including:

• Family and Medical Leave
• Military Leave
• Voting Leave
• Jury Duty Leave
• Religious Observance

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