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  • Ind Contractor Classification

    Can i classify this as independent contractors:

    In child care we are all governed by and must operate according to the State and Federal law (even if you are a facility with children cleaning you must still obtain clearances, etc.)

    I have workers who come to me from verified backgrounds in childcare.

    They produce their own lesson plans

    They produce their own schedules

    They agree to operate according to the laws

    I only provide assistance such as training reminders and law changing updates similar to a professional forum/discussion.

    When they are out of compliance, they are not out of compliance with me they are out of compliance with the state and federal laws so I am not directly telling them what to do per say.

    The only things that I control are building operations such as posting no-smoking signs and proper exit signs for building regulations, etc.

    For the most part, they come in and do their lesson plans and leave.

    I only request to see the lesson plans for postings of it on the walls. I only ask about their schedules so I know when they are in the building.

    How am I in any controlling what they do?
    Also, I read some of your responses saying they have to have an ein, etc. However, I am aware that one can operate a business as a sole proprietor using their Social Security number. What else would they need?

  • #2
    Originally posted by dontknow View Post
    Can i classify this as independent contractors:

    In child care we are all governed by and must operate according to the State and Federal law (even if you are a facility with children cleaning you must still obtain clearances, etc.)

    I have workers who come to me from verified backgrounds in childcare.

    They produce their own lesson plans

    They produce their own schedules

    They agree to operate according to the laws

    I only provide assistance such as training reminders and law changing updates similar to a professional forum/discussion.

    When they are out of compliance, they are not out of compliance with me they are out of compliance with the state and federal laws so I am not directly telling them what to do per say.

    The only things that I control are building operations such as posting no-smoking signs and proper exit signs for building regulations, etc.

    For the most part, they come in and do their lesson plans and leave.

    I only request to see the lesson plans for postings of it on the walls. I only ask about their schedules so I know when they are in the building.

    How am I in any controlling what they do?
    Also, I read some of your responses saying they have to have an ein, etc. However, I am aware that one can operate a business as a sole proprietor using their Social Security number. What else would they need?
    Lots of good info here:

    I hate answering this question. Why? Because many family child care providers across the country are not following the proper rules. This can get them into serious trouble. A person who comes into your home to help you care for children is considered your employee, not an independent contractor. I


    His website is full of info about business, taxes etc...including sole proprietor and LLC info.

    Comment


    • #3
      independent contractor?

      Originally posted by dontknow View Post
      Can i classify this as independent contractors:

      In child care we are all governed by and must operate according to the State and Federal law (even if you are a facility with children cleaning you must still obtain clearances, etc.)

      I have workers who come to me from verified backgrounds in childcare.

      They produce their own lesson plans

      They produce their own schedules

      They agree to operate according to the laws

      I only provide assistance such as training reminders and law changing updates similar to a professional forum/discussion.

      When they are out of compliance, they are not out of compliance with me they are out of compliance with the state and federal laws so I am not directly telling them what to do per say.

      The only things that I control are building operations such as posting no-smoking signs and proper exit signs for building regulations, etc.

      For the most part, they come in and do their lesson plans and leave.

      I only request to see the lesson plans for postings of it on the walls. I only ask about their schedules so I know when they are in the building.

      How am I in any controlling what they do?
      Also, I read some of your responses saying they have to have an ein, etc. However, I am aware that one can operate a business as a sole proprietor using their Social Security number. What else would they need?
      This is a tricky question that can have enormous consequences if you get it wrong. Here's the IRS explanation of this issue: https://www.irs.gov/businesses/small...ed-or-employee

      Your state may see this differently than the IRS.

      The main question is whether you have a right to direct and control their work.

      You don't need an EIN, but I'd strongly recommend that you get one.

      I can offer further clarification if you call me at 651-280-5991.
      http://www.tomcopelandblog.com

      Comment

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