What is the difference between an independent contractor and an employee?
In Minnesota, the difference between an independent contractor and an employee is based on the degree of control one has over the other. Independent contractors assume responsibility for their own taxes and are not subject to the same labor laws and regulations that govern employers and employees. For example, independent contractors are not required to be paid overtime or to receive benefits such as health insurance or paid time off. Employees, on the other hand, are subject to labor laws and regulations, and their employers are responsible for withholding taxes, paying minimum wage, and providing employee benefits, including vacation time, health insurance, and workers’ compensation. Employees are also entitled to receive overtime pay if they work more than 40 hours in a week and must adhere to the employer’s rules and regulations. The Minnesota Department of Labor and Industry uses a variety of factors to determine whether a worker is an employee or independent contractor. These factors include the type of work the individual is performing, the degree of control the employer has over the individual’s work, and the individual’s ability to set their own hours and rates of pay.
Related FAQs
What is the Workforce Investment Act (WIA)?What are the laws concerning the right to join a labor union?
Are employers allowed to ask for medical information?
What is the rights of employees in terms of private sector employment relations?
What is the Equal Pay Act?
What are the laws governing the hiring of foreign workers?
What are the laws concerning the employment of young workers?
What is the difference between a union and a non-union workplace?
What is the Worker Adjustment and Retraining Notification Act (WARN)?
What is the difference between a minimum wage and a living wage?
Related Blog Posts
Protecting Your Business with Proactive Labor Laws: A Step-by-Step Guide - July 31, 202310 Must-Know Labor Law Tips for Employers - August 7, 2023
How to Avoid Violations of Labor Law When Hiring and Firing - August 14, 2023
An Overview of the Minimum Wage Requirements in Your State - August 21, 2023
Navigating the Complexities of Wage and Hour Laws - August 28, 2023