Q: I have a question about whether I can consider a "worker" an independent contractor vs employee.
I am looking to start a photography business. Part of the business involves providing a second photographer as an option to my clients. My question relates to whether it is enough to constitute submitting a 1099 or if I need to put them on payroll. So here are the specifics.
1. Client hires me and wants a second photographer.
2. I provide the second photographer a timeline for their role in the event.
3. Second photographer shoots the event during their designated times and has creative control over the photos they take. After the event they are paid for their services.
4. I do not commit to the number of events they will get but I will provide them an agreement for each assignment letting them know about hours and pay.
5. While the second photographer will be working with me during the event, they will shoot their own photos with no direction from me.
6. Second photographer uses their own equipment and has their own insurance.
A: Your answer depends on whether the person is free to come and go as the please or is under your direct control. A 1099 employee is one that doesn't fall under normal employment classification rules. Independent contractors are 1099 employees. Instead of having a permanent worker that takes direction from the company, your business would use an independent contractor who works under their own guidance. The Internal Revenue Service uses a right-to-control test to assess a business' tax liability.
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