I am an independent contractor teaching music to children. I use another teacher to teach some classes for me. She classifies herself as an independent contractor as well and also works for other people like myself. Is she a sub-contractor? Ans as such, am I required to provide Workman's Comp for her?
There are a number of tests to help determine employee/employer relationship.
Do you pay them?
Do you decide content & monitor teaching performance?
Do you supply materials, location, and other support services?
Do you determine jobs, time, place?
it also depends on your state laws -some have small employer exceptions and in texas it's optional.
I was an independant contractor as well, but was contracted through another company and they paid me by check and even though they didnt take any deductions out, they provided a work place and time to be there.... They were required by wi law to provide wc ins.
Thanks! I found the IRS form ss-88 to help me determine whether or not she's an employee.