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Hiring Independent Contractors: The Employers' Legal Guide (Working with Independent Contractors: The Employer's Legal Guide)
 
 
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Hiring Independent Contractors: The Employers' Legal Guide (Working with Independent Contractors: The Employer's Legal Guide) [Paperback]

Stephen Fishman (Author)
5.0 out of 5 stars  See all reviews (1 customer review)


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Book Description

Working with Independent Contractors: The Employer's Legal Guide April 1997
The rules about who qualifies as an independent contractor are complicated and misclassification can result in severe fines and penalties from the IRS and other government agencies. Written by an attorney, this guide explains all the latest IRS rules in plain English, shows how to take advantage of the many financial benefits of hiring independent contractors, and provides independent contractor agreements as tear-outs and on disk.

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Editorial Reviews

Review

Comprehensive, current and savvy, this is highly recommended... -- Library Journal

Explains the proper relationship between a company and a contractor. -- San Francisco Examiner & Chronicle --This text refers to an out of print or unavailable edition of this title.

About the Author

Stephen Fishman received his law degree from the University of Southern California in 1979. After stints in government and private practice, he became a full-time legal writer in 1983. He has helped write and edit over a dozen reference books for attorneys. Fishman is the author of The Copyright Handbook, The Public Domain, Copyright Your Software, Web & Software Development: A Legal Guide, Consultant & Independent Contractor Agreements and Working for Yourself , as well as co-author of Nondisclosure Agreements: Protect Your Trade Secrets & More, all published by Nolo. --This text refers to an out of print or unavailable edition of this title.

Product Details

  • Paperback: 288 pages
  • Publisher: Nolo; 2 Pap/Dsk edition (April 1997)
  • Language: English
  • ISBN-10: 0873373677
  • ISBN-13: 978-0873373678
  • Product Dimensions: 10.8 x 8.3 x 0.7 inches
  • Shipping Weight: 1.8 pounds
  • Average Customer Review: 5.0 out of 5 stars  See all reviews (1 customer review)
  • Amazon Best Sellers Rank: #3,401,103 in Books (See Top 100 in Books)

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8 of 8 people found the following review helpful:
5.0 out of 5 stars The details on the topic of independent contractors., August 14, 2003
By 
Harinath Thummalapalli (Austin, TX United States) - See all my reviews
(REAL NAME)   
You will find a general treatment of the topic of Independent Contractors (IC) in other Nolo guides but if you want a definitive and detailed guide, this is the book for you. All the way from templates of general independent contractor forms on CD-ROM to a thorough analysis of the various aspects of working with Independent Contractors, this book does a great job of discussing in plain English what every Small Business Owner needs to know. There is another Nolo guide on just the different contracts you could use for this purpose but this book contains most of those types of forms.

The book starts out with an introductory definition of an Independent Contractor and explains the benefits and risks of hiring one. The next natural step for every employer is to go through the process of determining the worker status and federal payroll taxes. After discussing this topic, the book explains the Safe Harbor Protection which is the process an IRS auditor is supposed to follow in determining if your classification of Independent Contractors should be questioned (something along these lines).

There are 3 chapters devoted to IRS specific topics - IRS Audits, tax rules for specific workers, and the IRS test for worker status. State payroll taxes, Workers' Compensation, hiring household workers, and labor/anti-discrimination laws are addressed after that.

The book then discusses the topic of Intellectual Property ownership in this context of Independent Contractors. This is followed by a few chapters on sample IC agreements, procedures for hiring ICs, how to avoid government audits etc. My favorite chapter is the Chapter 13: Intellectual Property Ownership as this can get very tricky if you aren't careful. In my business, this also happens to be one of the biggest risks in hiring ICs for our work instead of employees.

Overall, this is an excellent book that explains in plain English (as Nolo always does) of the intricacies involved in working with ICs. Of course, as some large corporations in the computer industry found out, it isn't that straight forward. So this book only helps you do some of the right things and avoid the obvious problems but there is no substitute for a good lawyer who can handle the more difficult issues.

Good luck!

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Inside This Book (learn more)
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First Sentence:
This is a book about the legal ins and outs of hiring and working with independent contractors (ICs)-people who contract to work for others without having the legal status of an employee. Read the first page
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
many hiring firms, federal unemployment compensation payments, retirement plan audits, independent business presence, state unemployment tax agencies, federal unemployment compensation contributions, worker misclassification, other fringe benefit plan, common law test, giving thirty days written notice, state unemployment compensation taxes, complete applicable provision, mutually satisfactory solution through mediation, misclassified workers, involved qualify, facsimile shall, unemployment compensation purposes, payroll tax purposes, economic reality test, leased workers, state payroll taxes, determining worker status, employment tax purposes, employment tax returns, person giving notice
Key Phrases - Capitalized Phrases (CAPs): (learn more)
Social Security, New York, New Jersey, United States, Rhode Island, South Dakota, New Mexico, North Dakota, Compensation Division, New Hampshire, North Carolina, South Carolina, West Virginia, Supreme Court, Compensation Commission, Fry King, General Widget, Merrill Lynch, Acme Sandblasting Corporation, Appeals Office, Classification Settlement Program, Oklahoma City, Baton Rouge, Carson City, Chris Craft
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