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What you are asking is employee vs. independent contractor. Considerations when identifying someone as an independent contractor may include:
(1) If the worker supplies his or her own equipment, materials and tools. (does he provide his own truck?)
(2) If all necessary materials are not supplied by the employer. (Does he pay for his own gas?)
(3) If the worker can be discharged at anytime and can choose whether or not to come to work without fear of losing employment. (This seems to fit here.)
(4) If the worker control the hours of employment thus indicating they are acting as an independent contractor. (This also seems to fit).
(5) Whether the work is temporary or permanent.
Again, the nature of the work will help define the relationship. When work is considered integral to the business, it is more likely that the person is an employee. On the other hand, work that is temporary and non integral may imply independent contractor status. It might be a close one here and depending on some of the answers to these questions you will need to make this decision. There is no bright line and just because he sets his own hours doe snot make him an independent contractor (1099). Since he is now classified as an employee, you might be careful here.
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