Office employees as independent contractors.

[Guest]

I have a client that owns an apartment community. She pays all of her office staff and maintenance staff as independent contractors.

Is this legal? I though that office staff fell under the "employee rule" because they are told what to do and how to do it.

Am I missing something here?

 

[rhyde]

i don't believe it is legal

 

[Greg Loe]

No it's not. 1099. or hire them through a temp agency

 

[Dolly Llama]

wouldn't it depend on if they set their own hours?
Couldn't the office staff be considered subs if they come in and do book keeping accounting and paper work on a as needed basis?

Seems like you could make it much the same as the janitorial peeps that come in every night and work for hours in lg offices

Couldn't the maintenance peeps be considered subs if they set their own hours, used their own tools and carried liability ins?

I don't know that it matters if all their jobs are with one company, does it?


..L.T.A.

 

[Guest]

Well there is a rule that if you control the employees hours, give a start and a stop time and tell them how to do the job, then they are employees.

I know that the main secretary has to stay until a certain time.

I was hoping that it was legal through some loophole, as my secretary would be an independent contractor starting monday.