How can you tell if a worker is a 1099 contractor or W2 employee?

UPDATED: Oct 1, 2022

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How can you tell if a worker is a 1099 contractor or W2 employee?

We are enlisting people to help connect us with other business owners in their sphere of influence and want to pay them when one of their contacts become a client. Are they 1099 or W2? We will provide general training to each individual who the company is, what we do, ideas for talking with these contacts, why we are unique and can help their contacts, etc. But its truly up to the individual on how they go about connecting us, how they prospect, and so on. They will use their own tools computer, phone, printer, etc. There are no assigned hours or set schedule. It’s whenever they want and there are no

Asked on December 21, 2017 under Employment Labor Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Based on what you write, they would be 1099 contractors: while you provide training, if you do not instruct or direct them in how to do the job, do not set hours or a required location from where they must work, do not provide their toos or equipment, etc., they are sufficiently independent of you to qualify as independent contractors, which is the proper term for a "1099 contractor"; you are not exercising the degree of control over them as is typically exercised by an employer over its employees.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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