Can I Classify a Worker as an Independent Contractor?

by Mammoth Team on May 23, 2017


Q: I want to hire an Administrative Assistant. Can I classify a worker as an Independent Contractor for a 90-day trial period before I offer full-time employment?

A: It's highly unlikely that an administrative assistant would meet the criteria for classification as an independent contractor. The IRS and the U.S. Department of Labor, along with state agencies, have specific criteria for determining who is an employee and who is an independent contractor. These criteria focus on the overall relationship workers have with their employer, with particular attention to who controls when, where, and how the job gets done, as well as who has the opportunity for financial profit or loss. Administrative assistants typically do not have that level of control over their work, so they’ll almost always be classified as employees.

We understand that you'd like to hire the individual on a trial basis, with the possibility of continued employment. You can do this by offering them temporary employment. During the 90-day period, make sure that you provide the employee with clear expectations for the position and success in the role. If you elect to end their employment once the 90 days are up, you should document why they are not being considered for continued employment.

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Topics: Best Practices, Wage & Hour