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Independant Contractors

Independent contractors perform compensated work for businesses and individuals, but they are not considered to be employees. This non-employment relationship is based on an oral or written agreement between the business and the independent contractor. This contract may provide specific standards for the work product and establish the pay rate for that work. Businesses that hire independent contractors generally do not withhold federal or state income taxes or Social Security taxes from payments to independent contractors, and they do not maintain unemployment or workers' compensation insurance for those workers. Most independent contractors, therefore, need to make their own quarterly tax payments.

Independent contractors are usually paid by the project, rather than by the hour. Independent contractors have a higher degree of control over the way they work, and they have the ability to contract with a range of businesses. They do not, however, receive many of the legal protections that employees enjoy. If you are a business or a worker involved in or considering an independent contractor arrangement, you should learn the legal consequences. Contact Farber Legal, LLC in Bethesda, MD, today to schedule a consultation with an employment law attorney to discuss your situation.

Rights and Duties of Independent Contractors

Businesses that use independent contractors are not their employers; they are closer to being customers of the independent contractors. Independent contractors have the right to determine certain aspects of the project, such as where and how it should be completed. If you are an independent contractor, the business hiring you is not entitled to direct your work process. Generally speaking, your customer specifies the desired outcome of your work, and you have the freedom to determine how to achieve that outcome.

Defining the Independent Contractor

The United States Supreme Court has determined there is no single rule or test for determining whether individuals are employees or independent contractors. Rather, the determination is made by reviewing the overall relationship and who controls it. Among the factors the Court has considered important are:

  • The skill required
  • The source of the instrumentalities and tools
  • The location of the work
  • The duration of the relationship between the parties
  • Whether the hiring party has the right to assign additional projects to the hired party
  • The extent of the hired party's discretion over when and how long to work
  • The method of payment
  • The hired party's role in hiring and paying assistants
  • Whether the work is part of the regular business of the hiring party
  • Whether the hiring party is in business
  • The provision of employee benefits
  • The tax treatment of the hired party

Factors such as the existence of a formal independent contractor agreement or the worker's licensure by the state or local government are not typical determining elements.

Speak to an Employment Law Attorney

In order to determine whether an individual is an employee or an independent contractor, the relationship between the worker and the business must be examined. The degree of control the business has over the worker should be weighed against the degree of independence the worker has from the business. If you have questions on whether your relationship involves independent contractor or employee status, contact Farber Legal, LLC in Bethesda, MD, today to schedule a consultation with an employment lawyer.

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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

Mindy, thank you for taking a risk on this issue and standing so tall for the animals who need us. You stand so tall and courageous and compassionate!
 
Best,
Wayne Pacelle
Executive Director and President, The Humane Society of the United States
September 20, 2017

MINDY G. FARBER RATED AS AV WITH MARTINDALE HUBBELL

Occasionally Martindale-Hubbell, the premier rater of attorneys in the United States, reevaluates attorneys who have been in practice for a number of years. Ms. Farber is proud to announce that on the basis of Martindale Hubbell’s confidential surveying of attorneys in her field as well as other practicing attorneys, Ms. Farber has received the very highest positive rating.

AV rated
Preeminent TM
Meets Very High Criteria of General Ethical Standards? Yes
AV
Overall Peer Rating
in Labor and Employment, Consumer Law and Litigation

Posted by a Private Practice Lawyer on 07/13/15 5.0 out of 5.0

Ms. Farber is an excellent attorney and a very compassionate human being. That is why for quite a number of years, I have referred my client's employee claim matters to her and no one else. She has always represented them in a first class fashion and I have never heard one complaint. I highly recommend her for the highest rating possible.

Hi, Mindy,

I just wanted to reach out and thank you again for all of your help with my severance. I was able to negotiate language that was very much satisfactory to me, thanks to your guidance. I am happy to say that all is set and done!

My best!!

L.R
Silver Spring, MD

Mindy,

Thank you for taking a risk on this issue and standing so tall for the animals who need us. You stand so tall and courageous and compassionate!

Wayne Pacelle
Executive Director and President, The Humane Society of the United States
September 20, 2017

 

Hello Mindy

Thank you very much for your guidance. The letter with our changes was approved and signed
Thank you VERY much for your straightforward, professional guidance and kindness and understanding in what was
a pretty surprising situation. With this behind me, however, I am moving forward, . Best of luck and thank you again for your expertise!

Lu Steele Bethesda, MD

 

Hi, Mindy,

I just wanted to reach out and thank you again for all of your help with my severance. I was able to negotiate language that was very much satisfactory to me, thanks to your guidance. I am happy to say that all is set and done!

My best!!

L.R
Silver Spring, MD

 

Hi Mindy,
I am retiring on April 3rd, so I don't have too many days left! I will miss working with you as you are one of the finest attorneys I have ever dealt with during my 40 year (Federal) career.

- Lori Suto Goldsby, Head of Mediation Services, U.S. Nuclear Regulatory Commission

 

“First and foremost, I want to thank you very much for all of your help with my case. As you know, you came recommended through a friend whose cousin works at the Montgomery County Police Department. I was aware of your reputation, but having experienced it personally, I can say I am extremely impressed.”

- M. Brown Washington, DC

 

Dear Ms. Farber,
It was a pleasure speaking with you on Wednesday, July 2, 2014. I have had a career in law enforcement, over 38 years' experience as a private investigator, and I am currently employed as a Federal EEO Investigator. Never before have I had the pleasure of an attorney putting forth the effort that you have displayed in returning my phone call, and establishing a relationship that causes me to look forward to our continued professional communications. Your extensive 38 years' experience and accomplishments certainly have not dimmed your enthusiasm, and I appreciate it.

- Sincerely,
Robert A. Bolton, EEO Investigator, Office of Resolution Management, La Plata, MD 20646

 

Hi Mindy,
I am retiring on April 3rd, so I don't have too many days left! I will miss working with you as you are one of the finest attorneys I have ever dealt with during my 40 year (Federal) career.

- Lori Suto Goldsby, Head of Mediation Services, U.S. Nuclear Regulatory Commission

 

“First and foremost, I want to thank you very much for all of your help with my case. As you know, you came recommended through a friend whose cousin works at the Montgomery County Police Department. I was aware of your reputation, but having experienced it personally, I can say I am extremely impressed.”

- M. Brown Washington, DC

 

Dear Ms. Farber,
It was a pleasure speaking with you on Wednesday, July 2, 2014. I have had a career in law enforcement, over 38 years' experience as a private investigator, and I am currently employed as a Federal EEO Investigator. Never before have I had the pleasure of an attorney putting forth the effort that you have displayed in returning my phone call, and establishing a relationship that causes me to look forward to our continued professional communications. Your extensive 38 years' experience and accomplishments certainly have not dimmed your enthusiasm, and I appreciate it.

- Sincerely,
Robert A. Bolton, EEO Investigator, Office of Resolution Management, La Plata, MD 20646

 

Hi Mindy,
I am retiring on April 3rd, so I don't have too many days left! I will miss working with you as you are one of the finest attorneys I have ever dealt with during my 40 year (Federal) career.

- Lori Suto Goldsby, Head of Mediation Services, U.S. Nuclear Regulatory Commission

 

“First and foremost, I want to thank you very much for all of your help with my case. As you know, you came recommended through a friend whose cousin works at the Montgomery County Police Department. I was aware of your reputation, but having experienced it personally, I can say I am extremely impressed.”

- M. Brown Washington, DC

 

Dear Ms. Farber,
It was a pleasure speaking with you on Wednesday, July 2, 2014. I have had a career in law enforcement, over 38 years' experience as a private investigator, and I am currently employed as a Federal EEO Investigator. Never before have I had the pleasure of an attorney putting forth the effort that you have displayed in returning my phone call, and establishing a relationship that causes me to look forward to our continued professional communications. Your extensive 38 years' experience and accomplishments certainly have not dimmed your enthusiasm, and I appreciate it.

- Sincerely,
Robert A. Bolton, EEO Investigator, Office of Resolution Management, La Plata, MD 20646

 

Hi Mindy,
I am retiring on April 3rd, so I don't have too many days left! I will miss working with you as you are one of the finest attorneys I have ever dealt with during my 40 year (Federal) career.

- Lori Suto Goldsby, Head of Mediation Services, U.S. Nuclear Regulatory Commission

 

“First and foremost, I want to thank you very much for all of your help with my case. As you know, you came recommended through a friend whose cousin works at the Montgomery County Police Department. I was aware of your reputation, but having experienced it personally, I can say I am extremely impressed.”

- M. Brown Washington, DC

 

Dear Ms. Farber,
It was a pleasure speaking with you on Wednesday, July 2, 2014. I have had a career in law enforcement, over 38 years' experience as a private investigator, and I am currently employed as a Federal EEO Investigator. Never before have I had the pleasure of an attorney putting forth the effort that you have displayed in returning my phone call, and establishing a relationship that causes me to look forward to our continued professional communications. Your extensive 38 years' experience and accomplishments certainly have not dimmed your enthusiasm, and I appreciate it.

- Sincerely,
Robert A. Bolton, EEO Investigator, Office of Resolution Management, La Plata, MD 20646

 

Hi Mindy,
I am retiring on April 3rd, so I don't have too many days left! I will miss working with you as you are one of the finest attorneys I have ever dealt with during my 40 year (Federal) career.

- Lori Suto Goldsby, Head of Mediation Services, U.S. Nuclear Regulatory Commission

 

“First and foremost, I want to thank you very much for all of your help with my case. As you know, you came recommended through a friend whose cousin works at the Montgomery County Police Department. I was aware of your reputation, but having experienced it personally, I can say I am extremely impressed.”

- M. Brown Washington, DC

 

Dear Ms. Farber,
It was a pleasure speaking with you on Wednesday, July 2, 2014. I have had a career in law enforcement, over 38 years' experience as a private investigator, and I am currently employed as a Federal EEO Investigator. Never before have I had the pleasure of an attorney putting forth the effort that you have displayed in returning my phone call, and establishing a relationship that causes me to look forward to our continued professional communications. Your extensive 38 years' experience and accomplishments certainly have not dimmed your enthusiasm, and I appreciate it.

- Sincerely,
Robert A. Bolton, EEO Investigator, Office of Resolution Management, La Plata, MD 20646

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