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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19182
Experience:  Employment/Labor Law Litigation
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Can a restaurant hire wait staff as sub-contract labor I was

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Can a restaurant hire wait staff as sub-contract labor? I was informed that you can pay servers as sub-contract workers and that they would be for their taxes and S.S. and Medicare
Highly unlikely. An independent contractor has to have the type of independence over their schedule that you can't give them.

It would be assumed that you were simply trying to classify them as IC's to save money, because you'd be exerting too much control over them.

Here is a list of the 20 factors that the IRS considers when deciding whether someone is an IC or an employee.
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Customer: replied 7 years ago.
I was told that the difference is the word 'sub-contractor' .That the work is done inside of the building as opposed to contractor that is done outside the building.
A subcontractor is still in control of themselves and how they get the job done. You'd be exerting too much control for that to be a legitimate legal relationship.