As part of PPACA, every employer needs to determine whether or not they are “large” which, according to Health Care Reform, means employing 50 or more full time or full-time equivalent employees. Who exactly does this include? Contractors? While there is no set definition of a “Common Law” employee, there are some parameters to guide employers:
- Hirer has control over how an individual performs a task and where the tasks are performed
- Length of relationship is indefinite
- Hirer provides material needed to complete the task
- Ability to assign additional tasks
- Sets work hours
- Payment is made on a set schedule of time
- Work is part of regular business
- Benefits and perks are provided and person is invited to company events
- Training is provided
- Expenses are reimbursed
These are general parameters only. For a more in depth description of the Common Law Employee, we would be happy to send you a White Paper on the subject. Please compete this Contact Request form referencing the Common Law Employee White Paper in the Comments section.
