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Our non-profit religious corporation cannot afford to hire…

Customer Question
Our non-profit religious corporation...

Our non-profit religious corporation cannot afford to hire employees but we can afford to pay people as independent contractors. But we need to know how to make sure we are not violating the law.

Lawyer's Assistant: Was this discussed with a manager, HR, or an attorney?

Yes. And we get different responses.

Lawyer's Assistant: Is the employment "at will," union, full time, or part time?

Never spoke with an attorney Only cpas, hr managers

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Basically, we have ministries, example: youth ministry. The task is to meet with the youth of our church and teach them the bible. We don't tell you when to do it, how to do it, only that the task gets done.

Submitted: 1 year ago.Category: Employment Law
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Answered in 4 minutes by:
8/4/2017
Employment Lawyer: Legal Eagle, Lawyer replied 1 year ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 14,201
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. This is a situation that comes up a lot of the times for nonprofit corporations. If you have somebody listed as an independent contractor, then you aren't going to have to pay for things like workers compensation or unemployment insurance. In addition, you won't also have to pay employment taxes as well. On the other hand, if you have an employee, then all of those things are going to apply for state and federal tax purposes. Generally, it is usually better if you are extremely clear on whether somebody is an independent contractor. The IRS has a Very helpful guide to help you determine whether somebody is an employee or independent contractor. If you click here you can see what I'm talking about. In addition, you want to make sure that these individuals also signed an independent contractor agreement. If you click here, you can see an independent contractor agreement that clearly spills out that they are independent contractors. Just keep in mind that the state and federal government may still determine these people to be employees if the facts suggest strongly that their employees. Therefore, the more proactive you are with ensuring that their independent contractors in that they act as independent contractors, the better off you will be.

Although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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Customer reply replied 1 year ago
We also need to clean our church property. We have a budget of $700 a month to pay for this task to get done on a daily basis. We don't tell the people who want to clean how to clean it, when to clean it (except the hours when the building is available for cleaning).
Employment Lawyer: Legal Eagle, Lawyer replied 1 year ago

Hello, it looks like we responded at exactly the same time. Please be sure to take a look at the answer that I provided just above

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Employment Lawyer: Legal Eagle, Lawyer replied 1 year ago

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further questions or if there is anything else I can assist you with today. Please reply here and let me know. Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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