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contractor vs employee - can you be both? New York

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  • contractor vs employee - can you be both? New York

    Hi...2 questions here.

    I work for a NFP in NY. We use contracted interpreters and translators to complete jobs for us at various organizations/locations. They do not, execept on occasion, complete the work at our office (unless someone in our building requests it)..We link requests to the interpretters, and whomever returns our call first, is assigned the job.Once they are on the job, it is up to them to complete the work in the appropriate manner We do require that all interpreters attend a trainig that we hold, and they pay us to train them. We also screen and interview them to make sure they are legit. We pay them after we invoice the requestor and send out 1099's at year end.
    Some board members are concerned that they should be classified as employees. From what I have read here, and on the internet, I do not believe so.

    MY concern is that we have some staff members (nonexempt) who also do interpreting translation for us on the side. They are also paid as contractors. If a person does interpreting or translation for us, at their home in the evening, do we have a rpblem? Translations are not paid by the hour, but by the document, so a birth certificatge could take 2 hours, but a person is paid for the translation of the document (well over minimum wage per hou!) I am concerned about tracking time and if this is a potential problem?

    Thanks. Denise

  • #2
    Both parts of the same question. Honestly, it sounds like it could go either way. However, if you want an IRS ruling (the IRS "common law test" is the primary one used to classify workers), you can submit a form SS-8 to the IRS. I have no idea how long that takes to get a response, however.

    DAW, you always explain this stuff better than I do.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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