Willowbrook, IL asked in Business Formation, Business Law and Contracts for Illinois

Q: I am starting a in home music lesson business and I wonder if I can hire all the teachers as independent contractors

It will be teachers from major cities in different state. I wonder if they can be independent contractors instead of employees

I set up a website with paid ads that matches teachers who are looking for students with families looking for teachers to teach their kids at home. The teachers are paid hourly a percentage of the tuition I collect each month. They use their own car to go to client's house and use their own curriculum. I set appointment for them based on their free time and the client's free time. Also need help with drafting contract.

2 Lawyer Answers
T. J. Jesky
T. J. Jesky
Answered
  • Chicago, IL
  • Licensed in Illinois

A: The question of whether someone is an employee or independent contractor comes down to "control."

Additionally, the Internal Revenue Service uses a right-to-control test to assess a business' tax liability.

For example, if these musicians had specific hours of work, needed to wear a uniform, had to follow a

strict curriculum of what music they needed to teach, in what order the music needed to be taught, this would show control. It does not sound that you that the musicians are going to be under a strict rule

of control. The fact that they teaching on their free, indicates that you have little control. In fact, it sounds

as if you have no control whether or not they would even show-up for an assignment.

Robert Shipley
Robert Shipley
PREMIUM
Answered
  • Chicago, IL
  • Licensed in Illinois

A: Based on your brief description the teachers would be considered independent contractors because it would be their decision as to whether they wanted to work or not. They have the flexibility to work as much or as little as they may want through your site.

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