Working With Independent Contractors

Working With Independent Contractors

by Stephen Fishman J.D.

Paperback(Tenth Edition)

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Hire independent contractors without running into trouble

Independent contractors (ICs) do every conceivable type of work—from accounting to web development—and “gig economy” websites make it easy to find and hire qualified ICs. Working with independent contractors saves your business money and gives you flexibility in hiring. But there are risks in trying to establish IC relationships. Simply calling a worker an independent contractor doesn’t make them one. This book shows you how to avoid mistakes that can lead to lawsuits or costly fines from the IRS
and state agencies.

Learn how to:

  • determine who qualifies as an IC
  • document the IC relationship in a written agreement
  • assess the risks of hiring freelancers and gig workers
  • safeguard your company’s intellectual property, and
  • handle—and settle—an IRS audit.

The 10th edition—completely revised to reflect the latest changes in the law—includes detailed examples of how a business should hire independent contractors.

With downloadable forms: comes with invaluable forms that let you document a worker’s IC status and create strong contracts. Easy to download and tailor to your own situation, details inside.

Product Details

ISBN-13: 9781413327489
Publisher: NOLO
Publication date: 07/28/2020
Edition description: Tenth Edition
Pages: 400
Sales rank: 1,266,560
Product dimensions: 6.90(w) x 8.90(h) x 0.90(d)

About the Author

Stephen Fishman has dedicated his career as an attorney and author to writing useful, authoritative, and recognized guides on business, taxation, and intellectual property matters for small businesses, entrepreneurs, independent contractors, and freelancers. He is the author of 20 books and hundreds of articles, and has been quoted in The New York Times, Wall Street Journal, Chicago Tribune, and many other publications. Among his books are Every Landlord’s Tax Deduction Guide, Deduct It! Lower Your Small Business Taxes, and Working for Yourself: Law & Taxes for Independent Contractors, Freelancers & Gig Workers of All Types, published by Nolo. He is a two-time recipient of the Independent Book Publishers Association’s Benjamin Franklin Award.

Table of Contents

1. Benefits and Risks of Working With Independent Contractors

2. The Common Law Test

3. How the IRS Classifies Workers

4. IRS Audits

5. State Payroll Taxes

6. Workers? Compensation

7. Hiring Household Workers and Family Members

8. Labor and Antidiscrimination Laws

9. Intellectual Property Ownership

10. Strategies for Avoiding Trouble

11. Procedures for Working With Independent Contractors

12. Independent Contractor Agreements

13. Help Beyond This Book

Appendix A and B



This book covers the guidelines the IRS and other government agencies use to classify workers, so that you can prove that the independent contractors (ICs) you hire shouldn’t be considered your employees. Staying within the good graces of the IRS and other agencies isn’t your only goal when you hire independent contractors. You’ll be well served by this book’s quick review of discrimination law, which will help you avoid the possibility that your IC will accuse you of workplace discrimination. And, if the IC creates intellectual property for you, you’ll learn what steps to take to become its owner.

Hiring independent contractors can provide many benefits to you, both personally and professionally. Putting this book’s lessons into practice, you can pursue such working relationships with confidence, knowing that your rights are properly protected.

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