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Contract Labor in North Carolina

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  • Contract Labor in North Carolina

    I would like to know what the contract labor laws are in North Carolina. My Signifigant other works for a person that pays them by the hour that they work. on several occasions the employer/contractor has reduced his time working to technically save himself money. the Employer/ contractor when referring to people that are working for him as employees. according to North Carolina law I would assume that referring to one as an employee would make them a employee versus a contractor or sub contractor. ..Is this right? if they are referred to as employees should he not pay employment taxes and the like on them(the contractors/sub contractors)?.. also my other question is this .. if a state mandated agency has sent the employer a form for deduction of child support, shouldnt that employer /contractor take that money out of their pay? I have searched everywhere for laws regarding contract labor and what the laws are regarding such and have found nothing. Could you please assist me in locating that information?
    Thank you so much for you time!

  • #2
    according to North Carolina law I would assume that referring to one as an employee would make them a employee versus a contractor or sub contractor.
    Nope, that doesn't do it. But yes, if he is, in fact, an employee, employment taxes must be withheld, the employer must pay his share of them, plus all (in your state) of the unemployment insurance taxes, provide Worker's Comp insurance, give the worker a W-2 (instead of a 1099-MISC), etc.

    Read here about ICs vs. employees.
    http://www.irs.gov/taxtopics/tc762.html
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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