Q: Is there a legal way to show 1099 contractors as employees?
I utilize 1099 technicians but a major customer is requesting only W2 employees for a particular project. Is there an easy way to show/convert my 1099 guys to W2's seeing that I pay them dependent upon the project/service ticket they are working on. I don't have a set minimum wage or set number of minimum hours worked.
A: Unfortunately, you ask a very complex type of question because whether a person is an employee or a independent contractor as been subject to much litigation. Answering the question depends on may factual details such as whether you control the work details, hours worked, location, how payments are made and many other factors. You can just classify the workers as employees but that could land you in "hot water." As you probably know it is more expensive to have employees because you are required to pay SS on the wages among other things. I believe you should consult with a lawyer prior to making such a concession if it is worth it to you. Best of luck.
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