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ScottyMacEsq, Lawyer
Category: Employment Law
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Experience:  Licensed Texas General Practice Attorney
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I'm in Nevada. Are temporary workers like hygienists who

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I'm in Nevada. Are temporary workers like hygienists who fill in for another hygienist consider as employees? Please advise

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There's not a definite answer one way or the other. Rather, if you treat them like employees, they're probably employees. That's the BEST answer and the best way to treat them.

The determination of whether a worker is an employee or an independent contractor is based on common law rules. The Internal Revenue Service’s (IRS) 20-Factor Test is still used as an analytical tool; however, the IRS’ 1996 guidelines direct its agents to focus on the overall situation rather than to emphasize one or two of the 20 factors. The legal test is whether the person receiving the services has the right to direct and control the means and details of the work.

The Fair Labor Standards Act also uses a similar test. Common law rules examine the relationship of the worker and the business, taking into consideration all evidence of control and independence. An employer generally controls an employee’s work performance, but independent contractors determine for themselves how they will perform their work.

Typically, independent contractors:

  • Act as their own boss by setting their own work schedule.
  • Furnish their own tools and equipment.
  • Are compensated on production, not on time spent in the office.
  • Receive no employer benefits.
  • Enter into a contract requiring both parties to terminate the agreement when the relationship dissolves.
  • Are obligated to reimburse the practice owner for any losses (e.g., retreatment cases) and damages (e.g., property, equipment and instruments).
  • Pay their own lab bills and some overhead expenses.
  • Pay for their own professional liability insurance.
  • Make their own estimated tax payments on a quarterly basis.

If they're not independent contractors, they're employees, and it's best to pay them as such.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

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If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

I see that you have still not responded or rated in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Can you see on your screen where you need to rate it? Note that you may need to press a "submit" button after clicking on the appropriate star rating. This is what I'm waiting on from you. Thanks!

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