Q: Can a health agency require an I-9 for a 1099 contractor?
I am an LPN working as a 1099 independent contractor with a home health agency in Pennsylvania. The agency requires me to fill out an I-9 form, although I'm not an employee. They also want to offer me a lower rate and pay time and a half for hours over 80, contrary to how I was paid by previous agencies (higher rate, no overtime). Is this correct according to law and typical for independent contractors?
A: No I-9 required for an independent contractor. Are you doing 80 hours a week?? What are your job duties??
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A:
This sounds confusing and a bit off from how independent contracting usually works. As a 1099 contractor, you're considered self-employed and not an employee, which means an employer typically shouldn’t be asking you to fill out an I-9 form. That form is used to verify employment eligibility for W-2 employees—not independent contractors—so requiring it might signal that they’re misclassifying you or trying to exert more control than legally allowed.
Independent contractors also typically negotiate their own rates and are not paid overtime. If they’re offering time and a half after 80 hours, it could be an attempt to apply employee-like policies to a contractor role, which can blur legal lines. Agencies that try to set your schedule, control your rate, and treat you like staff might actually need to classify you as an employee instead of a 1099 contractor.
You have the right to ask questions and request clarification in writing. If you’re being held to employee standards without the protections that come with being one, that’s something worth looking into further. You deserve clarity and fairness, especially when your license and livelihood are involved.
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