Independent Contractor Verses Employee

  

There are distinct differences in how employees are handled compared to independent contractors.  Classification of independent contractor or employee is not a choice made by the hiring party, nor is it a choice that the worker can simply decide how he or she wants to be paid.  It is a determination based on multiple factors set at both the federal and state level.  An IC vs EE form must be completed by the hiring party (supervisor) of a worker if that worker or supervisor is expecting the worker to be classified as an independent contractor. Human Resources will make the final determination of whether or not the worker should be classified as an employee or an independent contractor.  Employees are paid through the payroll system.  Independent contractors are paid through the accounts payable system.

 Use the attached help sheet to review the differences between independent contractors and employees and to understand the steps in determining the independent contractor or employee status of a worker. 

For employees:  St. Paul Public Schools is required by law to obtain certain information from employees, including an I-9 Employment Eligibility Verification form (for all employees) and a Criminal Background Check authorization (for certain jobs/positions only). In addition, employees have key benefits and protections which are not available to independent contractors, like FICA & Medicare contributions, Public Employees Retirement Association contributions (for qualifying positions), and coverage under workers compensation.

For independent contractors:  St. Paul Public Schools is required by law to obtain a W-9 Taxpayer Idendification Number and Certification form from independent contractors.  In addition, a written contract for the services must be in place prior to any work done or services provided.

 IC vs EE DETERMINATION FORM
 IC vs EE - Steps to Hiring a Consultant
 IC vs EE - Help Sheet
 IC vs EE - Process Flow Chart
 IC vs EE - Self Guided Training Slides
 Employee new hire packet forms
 Employee Supplemental Pay Forms
 Independent Contractor packet with forms
 W-9 Form for Independent Contractors