KeyHR — Professional Employer Organization Florida
Compliance

Independent Contractor

A self-employed worker who provides services under a contract, not classified as an employee.

An independent contractor is a self-employed individual who provides services to a business under a contract. Unlike employees, independent contractors control how they perform their work, use their own tools and equipment, and are responsible for their own taxes (including self-employment tax).

The distinction between employees and independent contractors is determined by the economic reality of the working relationship, not by what the parties call it. The IRS uses a multi-factor test examining behavioral control, financial control, and the type of relationship. The Department of Labor uses an "economic reality" test under the FLSA.

Misclassifying employees as independent contractors is a serious violation that can result in liability for back taxes, unpaid benefits, overtime, and significant penalties.

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