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Employee or contractor?

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  • Employee or contractor?

    If a housecall groomer picks a groomer to take over some of their clients on a commission payment, is there a legal way for that to be a contractor job? 1099 or W9? If someday I need to do this, I wonder how I could do it kegally and of course ethically.

  • #2
    That's an employee. Your client, your pricing, she goes where you say when you say. No way around that.

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    • #3
      I would ask Admin about this. And your CPA.

      My understanding is, as soon as you tell a person what time to come to work, how many days to work, what you can or can not wear to work, how to do their job, they are an employee.

      According to Admin. If you are assigning them clients that you could have done, they are an employee.

      An IC can set their own hours, prices, dress code and who they bring to work with them to help with the job.

      Think of it this way.
      I hired Home Depot to install flooring for me. I paid HD…HD has people that they sub-contract with that does their flooring. They aren’t employees. The flooring guys will call me and set up a time to come out and bid the job, and tell me when they can start the project, how long it will take, etc. They might show up with 3 workmen that the subcontractor hired…who may be their 17 year old nephews. HD does not control that. Those workers could show up in Speedos, and HD can’t dictate what they wear. Of course, if clients complain HD will hire a different subcontractor next time.

      The agreed upon payment is between HD and subcontractor. I have no idea how payment on that end works. I pay HD.
      But….when I had problems with the install of my flooring, HD is who I complained to. They got on the subcontractor. I didn’t have to deal with subcontractor. HD was my muscle that made sure the job was done correctly.

      With that said, you would be like HD, hiring a subcontractor (IC).

      In my opinion, you have more quality control if you have an employee. I think it’s better, easier, to hire employees.

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      • #4
        It is far more employee than IC. Remember, your state can have its own rules too, so sometimes you are one way with federal and other way with state. But obviously the way most decisions goes they favor HUGELY making everyone employee. But in your case it is far more employee than IC.
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        • #5
          Yeah, if you are letting them groom your clients and paying them commission they are employee.

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          • #6
            Yes, the challenge with employee status, as I see it, is that to make it worth the time for paperwork, workers comp, scheduling, supervision, client relations, I would need to take a slightly larger portion of the fee than if they were just contractors who handled things themselves. Then after taxes, the portion of the fee received by the employee groomer may feel small compared to what they could get going out on their own, so they would be motivated to leave the job.
            A groomer told me that when she tried to get groomers to do housecalls for her, they wanted employee status. Understandable, though I am surprised because didn't groomers used to almost demand contractor status?

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            • #7
              My understanding is that if a groomer has other groomers working for them, doing grooming, then they are employees.
              <a href="http://www.groomwise.typepad.com/grooming_smarter" target="_blank">My Blog</a> The two most important days in your life are the day you are born and the day you find out why. –Mark Twain

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              • #8
                Parti…I’ve been told, more then once, by the powers that be, that you can’t have IC’s for the business that you are.
                In other words, if you are a grooming shop you can’t have IC groomers.
                But if you are a vet clinic (boarding kennel, etc etc) you can have IC groomers because you are a vet clinic not a grooming salon. You still can’t tell those IC people what to charge, when to work, what to wear etc etc. There are basically renting a space and you have no say in how they run their business.

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                • #9
                  If you as the owner cannot do all the work in a normal workday meaning your dogs and others and have someone do the work, that is an employee.

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