A Short Independent Contractor Project Poses No Risk!
Welcome to the first myth in the blog series on the 13 Myths of Independent Contractors. To help you navigate some of the potential legal minefields caused by the complex legal environment surrounding independent contractors, we created this series. The content from this series comes from the whitepaper: Independent Contractor Myths versus Reality.
Myth: A short IC project poses no misclassification risk.
Reality: It is the work and how it will be performed, not the length of time, that will determine if someone is an employee or an independent contractor.
Mistakenly, many project sponsors believe that short duration projects pose no misclassification risk, and therefore, the consultant can safely be classified as an independent contractor for their engagement.
Consequently, there are numerous court decisions stating that the length of time personal services are provided does not alone determine if an individual is an employee or an independent contractor. In fact, it is possible to work less than a day and still be considered an employee. Conversely, it is possible to work for longer than a year and still be a valid independent contractor.
The IRS, DOL, and other state agencies, the length of time is never the sole determining factor.
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