Home Improvement Contractor - Licensed Contractors

When does an Independent Contractor become an Employee?

I am a Real Estate Agent in Georgia. My broker tells me that I am a independent contractor yet he treats me as an employee. I have to work in the office full time from 8:45 - 5:00 pm. Going to lunch is frowned on. If I cannot be in the office I must find someone to cover for me and be responsible for them to show up. I am told that I must own an SUV, I have a dress code and must wear a name tag.

Public Comments

1. You are an employee if he takes out taxes. If you get paid the full amount, you are still contract labor. No lunch? Come on, that is not healthy. At least have a snack at your office.
2. The primary factor in the analysis for answering your question is "control." As you may know, the test for one legal purpose may not be the test for another legal purpose. I feel your case is very extreme to make the argument that you are an independent contractor. You really need to look at the law of agency in GA. Then, you need to answer whether there is workers comp paid and whether you take a portion of your home as a business expense. From the facts you report, I would guess you an employee. But, it depends on all of the facts.
3. An employer can control how you get the job done. If you are an independent contractor, all the "employer" can control is the result. I suggest you send IRS Form SS-8 in for an official ruling.