Question

What’s The Difference Between An Employee And An Independent Contractor In Arizona?

Michael Zoldan

Answered by:
Michael Zoldan

Located in Scottsdale, AZ
The Zoldan Law Group PLLC

View Profile

Answer

An employee and an independent contractor may do the same or similar work, but there are important differences between them with respect to employment classification. 

One major difference is that employees are afforded more protections under state and federal employment laws. Employees may also be eligible for certain employer-provided benefits such as paid sick time, a pension, vacation pay and employer-provided insurance. This is why it is extremely important for employees not to be misclassified as independent contractors. 

If you have been misclassified as an independent contractor in Arizona, you may be legally entitled to significant compensation for your losses, and you should speak with an employment law attorney about your rights and options. 

A Question Of Control 

In general, whether or not a person is an employee or an independent contractor depends on how much control the hiring party has in the relationship with the worker. 

If you are an employee, your employer can control or direct what you do at work and how you do your job. For example, you might be required to wear a uniform or use certain language with customers, and your employer might provide certain equipment or tools that you use for your job.

If you are an independent contractor, you control how you do your work, and you generally provide the tools and supplies you need for the job. If a company classifies you as an independent contractor but exerts too much control over how you do your work, you may have been misclassified. 

A Question Of Tax Withholdings 

If you are an employee, your employer is required to withhold state and federal taxes from your wages or salary. 

If you are an independent contractor, you are essentially an independent businessperson, and the party or company that hires you for a job is not required to withhold taxes from your pay. 

A Question Of Permanent Or Temporary 

If you are an employee, you can expect that your relationship with your employer will continue as a key aspect of the business. As an employee, you should also receive a regular paycheck and be on the employer’s payroll. 

If you are an independent contractor, your work for the hiring party is considered to be temporary and not central to the life of the business, and you are not on the hiring party’s payroll. If your relationship with the hiring party is such that you are expected to show up to work for a long period of time, you may have been misclassified. 

Some workers are misclassified as independent contractors for years, resulting in extreme losses for those workers. Anyone facing this situation should learn as much as they can about wage and hour laws in Arizona and talk to an employment law attorney about every available option for righting the wrong.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

Other Answers By This Lawyer

Wage & Hour Laws

Do Arizona Salaried Employees Get Overtime Pay?

Some salaried employees are entitled to overtime pay, and some are not. If you are a salaried employee, your eligibility for overtime pay depends on …

Answered by: Michael Zoldan

Health & Health Care Law

What Can I Do If I’m Being Investigated By The Arizona State Board Of Nursing?

You have multiple options, but the best path forward for you will depend on your specific circumstances. Depending on the allegations and the facts …

Answered by: Michael Zoldan

Sexual Harassment

What Can I Do If I’m Being Sexually Harassed At My Arizona Workplace?

One of your first options is to report the sexual harassment to your employer. Unfortunately, reporting the offensive behavior could lead to further …

Answered by: Michael Zoldan

Other Answers About Employment Law - Employee

Employment Law - Employee

What Is Age Discrimination in Florida?

It’s not uncommon for employers in today’s bottom-line-oriented economy to look askance at older workers. Older workers often have higher …

Answered by: Karen Coolman Amlong

Employment Law - Employee

How Are Minnesota Doctors Affected by Noncompete Agreements?

Minnesota courts are critical of overly broad noncompete agreements, which unnecessarily prevent employees from either working for …

Answered by: Brandon M. Schwartz

Employment Law - Employee

Is My New York Employer Paying Me Correctly?

First, it is important to determine if you are entitled to overtime and review the number of hours you work in a regular workweek. Second, look at …

Answered by: Louis D. Stober, Jr.

Disclaimer:

If you send a lawyer or law firm email through this service, your email will not create an attorney-client relationship and will not necessarily be treated as privileged or confidential. You should not send sensitive or confidential information via this email service. The lawyer or law firm to whom you are writing may not choose to accept you as a client. Moreover, as the Internet is not necessarily a secure environment it is possible that your email sent via the Internet might be intercepted and read by third parties. Super Lawyers will not retain a copy of this message.

Page Generated: 0.29128909111023 sec