Navigating The Classification of Employees for Your Law Firm

Does your law firm need business guidance? Katherine Taylor has been a practicing lawyer for over 25 years. She’s a business lawyer, in fact she’s my business lawyer (you do have one, right?). She represents small businesses and small business owners on all aspects of the law related to their business.

Business Law is not my expertise, so I thought it was a good idea to have a lawyer like Katherine to talk about employees and independent contractors and legalities to your law firm.

What are the differences between Employees and Independent Contractors, and what are the implications of each for the business owner?

Katherine jokes “1099 is not a verb” 

The differences between types of employees are slight, but how you define or classify them is important because the ramifications can be significant. Understanding the differences are important when classifying your worker(s) properly.

So, if you have a worker who should be classified as an employee you don’t really get to choose to call them an independent contractor depending on the government body you are dealing with, and what state you are in,

IRS is more lenient when it comes to classifying an employee, they care more about the tax (income tax) aspect of that worker.

Unemployment Commission and Workers Compensation  agencies, however, could have a different view of that employee and how you classify them. They look at how you classify employees much more strictly. If you have not classified your employee(s) correctly, it could become quite costly to you and your law firm.

As a lawyer, do you want to take the risk?

What are some of the different factors government agencies look at when classifying employees?

👉 Do they require supervision?

👉 Do you have control over the person’s schedule?

👉 Do you have control over the person’s work?

👉 What hours do they work?

👉 Who provides the equipment to allow them to do their job?

👉 Who provides the necessary supplies to enable this person to do their job effectively?

If you don’t have the right to control the work a person does, then they are more apt to be independent contractors. However, being a lawyer, you are still responsible for the work this person does. It becomes a bit of a slippery slope.


-What about freelancers who do work for other lawyers?

-As a solo practitioner who needs help, but does not require a full time attorney or associate, but needs a lawyer, how does it work?

-Are there other benefits you have to provide for contract workers, and if so, what are the usual benefits that should be covered?

-Exception, exemptions, and more!

You can reach Katherine L. Taylor, ESQ via her WEBSITE




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