How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dimitry K., Esq. Your Own Question

Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 38773
Experience:  I provide employment and discrimination law advice in my own practice.
18572087
Type Your Employment Law Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

I am an individual author who wants to hire someone on an as-needed

Customer Question

I am an individual author who wants to hire someone on an as-needed basis to help me with secretarial tasks such as transcribing interviews, taking notes during meetings, creating transcripts, etc. Can I do that? What do I need to do to hire someone (as far as forms, etc)? It would be an hourly position.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

You can most definitely do that. You are describing someone who are seeking to hire either on a part-time or a per-diem (per day) basis. If they are going to be part-time, what you would need is a copy of their social security number, a signed copy of the W-4 form so that your employee can pick what manner of withholding you will provide for them, and then you would need to do just that, report the taxes to the proper agencies, provide tax stubs to the employee, and cut a check for the remainder.

Good luck.

Customer: replied 1 year ago.

What if the person is only per-diem and not an actual part-time employee?


The person I would hire would only be used on an as-needed basis, there would be no consistant schedule or hours.

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

In either case you would need to know how to do their withholding as needed. Unless you are hiring them as an independent contractor rather than as an employee, you would still need to obtain a W-4 which you would need to provide to the state, do the withholding, and collect taxes. In case where you would claim him as an independent contractor, the other party will agree to pay their own taxes, you would still need to obtain their SSN (or their EIN) and have them fill out the W-9 form where they would waive backup withholding. Lack of scheduling is irrelevant, what matters is how much under your control the individual would be.

Good luck.

Customer: replied 1 year ago.

I'm sorry, I'm a bit confused. If they are there as independent contractors, what paperwork must be filled out and where must I report this information?


 


I'm surprised there are forms. Isn't my situation equivalent to hiring a babysitter and paying them an hourly wage? You don't have to do W-4s or reporting for that.

Expert:  Dimitry K., Esq. replied 1 year ago.

Kush,

You would still need to collect their social security number or their entity identification number (if they are self incorporated) and have them fill out the W-9 form. You would still have to provide this information to the department of state, the state department of revenue and the IRS, so that they are aware that the other person will be paying taxes on their wages directly themselves.

Here is the form:

http://www.irs.gov/pub/irs-pdf/fw9.pdf

Good luck.

Customer: replied 1 year ago.

I see. How does reporting work? I am just an individual, not self-incorporated, not a registered business or entity.

Expert:  Dimitry K., Esq. replied 1 year ago.

Kush,

It does not matter if you are a sole proprietor or incorporated, you still have to report every pay period if the person is an employee. For independent contracting you would need to send out a 1099-MISC form at the beginning of the year showing all the wages earned so that the other person can properly report on their own tax returns. That is the easier approach but in case of audit or investigation you need to keep the W-9 form on file showing that the person chose to waive withholding since otherwise withholding is the employer's responsibility.

Good luck.

Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 38773
Experience: I provide employment and discrimination law advice in my own practice.
Dimitry K., Esq. and other Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.
 
 
 

Related Employment Law Questions

Chat Now With An Employment Lawyer
Dimitry K., Esq.
Dimitry K., Esq.
Attorney at Law
2745 Satisfied Customers
I provide employment and discrimination law advice in my own practice.