Thanks to Nina Kaufman for quoting my post "Employees v. Independent Contractors" on the Entrepreneur.com Blog Network. Nina’s blog on the network is "Making It Legal: The small business mentor’s guide to entrepreneurship and law." Her advice on the employee v. independent contractor issue is excellent:
This is not an area to play fast and loose with the law. It’s like gambling in Vegas; the house is stacked against you. As confident as you think you may be about the situation, it’s wise to confirm your choice with an employment or other business attorney.
Another blog post worth mentioning on the subject is from David Willis on his Texas Small Business Law Blog. David is right on track with his warning to small business owners:
The bottom line is that an SBO cannot simply say that a particular worker is an independent contractor and expect that decision to have legal effect. The consequences for failing to properly determine the relationship between the SBO and worker can be quite serious, resulting in legal liability to third parties, insurance issues, and penalties for unpaid employment taxes. For these reasons, it is critical that an SBO seek help from a professional when defining the nature of an employment relationship is important to the SBO’s business.