How to Know Whether to Classify Someone as an Employee or a 1099 Contractor?

This one trips up a lot of small businesses. If you misclassify someone, you risk back taxes, penalties, and legal headaches. Here’s how to know.

Team working together on during a brainstorming session using a whiteboard and sticky notes

A great place to start is asking yourself these three questions:

  1. Control – Do you tell them when, where, or how to work? If yes, they’re likely employees.
  2. Tools – Are they using your equipment, email, or software? Employees usually do.
  3. Exclusivity – Are they working only for you and expected to stick around long-term? That’s more like an employee.

Contractors are more independent.

They usually:

  • Set their own hours
  • Use their own tools
  • Work with multiple clients
  • Are hired for a specific project or timeframe

Still unsure? Download our free guide: Contractor vs. Employee: Guidelines for Classification.

When in doubt, get professional help!

We offer quick consults to help you figure this out before it becomes a problem. And, if you need, we also help companies navigate the process of moving their contractors to employees. 

Reach out to us—we’d love to help!

Email us at team@copperquailconsulting.com, call us 602-512-5849, or schedule a quick Zoom call with us. 

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