I am the owner of a pet sitting business and there is much ado on my forum site (for professional pet sitters) about independent contractors vs. employees. I'd like to consult with and get opinions from attorneys here at TheLaw.com.
Pet sitters go to the homes of pet owners and take care of pets during 20-30 minute visits. They also perform midday dog walking services. These are the two major services for which commonly, as the business grows, requires some help if the business has many clients.
Many of our members are insisting that pet sitting businesses that hire "independent contractors" to go on pet sitting assignments are not complying with the IRS if the people hired do not own their own pet sitting business themselves. They also state that by virtue of training someone, assigning them pet sitting homes to go to, even if the IC has the right to turn down an assignment, in itself defines the hired person as an employee and not an IC.
The IRS website states that the employer that hires an IC cannot control the result or means for the IC to do their job. If an IC is trained by the pet sitting business owner, assigned pet sits as they are scheduled, are paid a percentage of each pet sit (on a per visit basis), are they considered really an employee and not an independent contractor? Most pet sitting businesses will indicate to the IC when pet sits will ened to be done, such as morning, afternoon, evening or night, or give a range of times within it is ok to do the visits. Is this considered directing the IC?
At each home, essentially all pet sitters, whether owner of business or hired help, is following the instructions of the home owner.
Thanks for your help and insight on this matter!
Pet sitters go to the homes of pet owners and take care of pets during 20-30 minute visits. They also perform midday dog walking services. These are the two major services for which commonly, as the business grows, requires some help if the business has many clients.
Many of our members are insisting that pet sitting businesses that hire "independent contractors" to go on pet sitting assignments are not complying with the IRS if the people hired do not own their own pet sitting business themselves. They also state that by virtue of training someone, assigning them pet sitting homes to go to, even if the IC has the right to turn down an assignment, in itself defines the hired person as an employee and not an IC.
The IRS website states that the employer that hires an IC cannot control the result or means for the IC to do their job. If an IC is trained by the pet sitting business owner, assigned pet sits as they are scheduled, are paid a percentage of each pet sit (on a per visit basis), are they considered really an employee and not an independent contractor? Most pet sitting businesses will indicate to the IC when pet sits will ened to be done, such as morning, afternoon, evening or night, or give a range of times within it is ok to do the visits. Is this considered directing the IC?
At each home, essentially all pet sitters, whether owner of business or hired help, is following the instructions of the home owner.
Thanks for your help and insight on this matter!