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How do I know if someone is an employee or a contractor?
Short answer
If you control how, when and where they work, they’re usually an employee. Contractors run their own business. Check IRS and Department of Labor guidance.
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Official sources
- SBA: hire and manage employeessba.gov
- IRS: apply for an EINirs.gov
- USCIS: Form I-9uscis.gov
- U.S. Department of Labor: wages and hoursdol.gov