is it legal that my previous employer labeled me as a statutory employee?
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is it legal that my previous employer labeled me as a statutory employee?
worked for a hotel no more than 16 hours a week normally, was not informed that I would be labeled as such, or that they would not withhold taxes. I am a bit confused and wondering how exactly a statutory employee is defined and at what point could someone be classified as one, the irs documents seem a bit vague on that point exactly.
Asked on April 17, 2018 under Employment Labor Law, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
There are only four categories of statutory employees--that is, of independent contractors who are treated like employees for employment tax (e.g. withholding) purposes. I will post a link to a fuller description below, but in brief they are certain delivery drivers; certain life insurance salesmen; certain traveling salesmen; people who basically assemble or finish products for an employer at their own home. If someone doesn't fall under one of these categories, they are not a statutory employee: they are either a "regular" employee or they are an independent contractor.
https://www.irs.gov/businesses/small-businesses-self-employed/statutory-employees
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