Q & A – Is there an amount of time an independent contractor can work for me before I have to make him or her an employee?

Q: Is there an amount of time an independent contractor can work for me before I have to make him or her an employee?

A: Not necessarily.  The worker must meet the test for independent contractor status no matter how long he or she works for you.  An independent contractor relationship is generally temporary or project-based.  Businesses who have long-standing working relationships with independent contractors should periodically examine whether that status continues to be correct.  The longer an independent contractor works for your business, the more likely that he or she will be seen as an employee.  This is particularly true if the independent contractor does not provide services to other businesses while performing services for you.  It may be that what started out as a temporary project is now part of the employer’s business and the worker’s status should be changed to employee.  The interrelationship between the business and the worker is one factor that will detract from independent contractor status.  The more integrated the contractor is in what you do as a business, the more he or she resembles an employee.