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You misunderstand: someone is an employee when they fall under many of those categories, not just one. They aren't some kind of requirements/'standards' contractors must completely (or even mostly) adhere to.

Someone would be an employee rather than a contractor if they couldn't subcontract AND they had set hours AND they had to use your tools AND you set the work on a day to day basis. Many of those things need to be true, not just one to push someone from contractor to employee.



Sure.

Or consider the ABC test:

A. The worker is free from the employer's control or direction in performing the work.

B. The work takes place outside the usual course of the business of the company and off the site of the business.

C. Customarily, the worker is engaged in an independent trade, occupation, profession, or business.

In this case, again, depending on the contract signed, A would cover subcontracting unless it was explicitly prohibited by the contract. And maybe it was. But I have signed plenty of contracts with my personal name not my fictitious or LLC name that would not have been violated by having someone else perform the work.




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