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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 34076
Experience:  Retired (mostly)
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I have a couple of employment questions. The employer is a

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I have a couple of employment questions. The employer is a church in California: 1) We would like to pay a person from our church $200 a month as a Sound System Coordinator for the following services: * Oversee and operate the sound system on Sunday mornings and other events for the church. * Set up the stage and make sure it is ready for Sunday morning and other events such as memorial services and special programs. Q1. Can we pay this person as a 1099 contractor? If not, will they need to be a part-time employee with the requirement to fill out a time sheet each pay period? 2) We would like to pay a person from the church congregation $200/mo to oversee the Technical Arts Ministry of the church. Duties involve: * Coordinating the media team, lighting team and sound tech for church events. * Uploading media slides for Sunday service * Running the media system as needed. Q. Same as Q1
Submitted: 3 years ago.
Category: California Employment Law
Expert:  socrateaser replied 3 years ago.
1) We would like to pay a person from our church $200 a month as a Sound System Coordinator for the following services: * Oversee and operate the sound system on Sunday mornings and other events for the church. * Set up the stage and make sure it is ready for Sunday morning and other events such as memorial services and special programs. Q1. Can we pay this person as a 1099 contractor?

A: The principal question is whether or not your organization controls the manner and method by which the worker carries out his/her duties. If the worker is supplying the sound system, then there is a high likelihood that he/she is an independent contractor, and you can pay that person via a 1099-Misc. However, if the worker is operating the church's equipment, and you are training the worker to use that equipment, then the person is almost certainly an employee. Even if you are not training the worker, the fact that you have the right to control the equipment's use is probably sufficient to make the worker an employee -- unless the worker routinely provides services to other organizations as a sound or recording engineer.

If not, will they need to be a part-time employee with the requirement to fill out a time sheet each pay period?

You can pay them in any manner you wish, as long as they receive at least minimum wage for hours worked, and you deduct required payroll taxes.

2) We would like to pay a person from the church congregation $200/mo to oversee the Technical Arts Ministry of the church. Duties involve: * Coordinating the media team, lighting team and sound tech for church events. * Uploading media slides for Sunday service * Running the media system as needed. Q. Same as Q1

Q2. Can we pay this person as a 1099 contractor?

A: Because this person appears to be acting as a manager to deal with multiple church functions, he/she is almost certainly an employee, as the church has the right to control all of the related functions.

If not, will they need to be a part-time employee with the requirement to fill out a time sheet each pay period?

A: Same answer as provided for Q1.

Hope this helps.

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socrateaser, Lawyer
Satisfied Customers: 34076
Experience: Retired (mostly)
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