Independent contractor or employee

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Reference no: EM132238672

Independent contractor or employee?

Barb’s Birdhouses, Inc. is an online retailer of unique birdhouses. There are eight different birdhouse designs, which are finished in a variety of color combinations. Some personalization is available such as monogramming or the application of special finishes, which is accomplished at the company’s design studio by Barbara Smith, the owner of the company. The company fills its inventory of birdhouses by hiring carpenters throughout the state who construct the basic birdhouse off-site, at their own homes. The carpenters are paid per piece (birdhouse), and there is a great variety among the carpenters as to how much work each does. One of the carpenters, Rob Winter, makes a claim for unemployment benefits during a slow period. The company thought he was an independent contractor, not a covered employee. If erroneous, the company will not only owe unemployment compensation but also will be penalized for mis-classifying this worker and underpaying taxes.

What are the factors and the likely result? What other facts would help your determination?

Reference no: EM132238672

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