Independent Contractor vs Employee: Understanding the Difference

Independent Contractor vs Employee: Understanding the Difference

In today’s evolving job market, it is crucial to understand the distinction between being an independent contractor and an employee. While both roles involve work and compensation, the classification of an individual as an independent contractor or an employee has significant legal and financial implications. This article aims to shed light on this topic and provide a clear understanding of the differences between the two.

What is an independent contractor? 

An independent contractor is an individual who provides services to a client or company under a contractual agreement. Unlike an employee, who works directly for an employer, an independent contractor operates as a separate business entity and is generally self-employed.

What is the definition of an employee in New York? 

In New York, the definition of an employee is outlined by the New York State Labor Law. According to the law, an employee is an individual who provides services for an employer in exchange for wages or other forms of compensation. The key element that distinguishes an employee from other worker classifications is the presence of an employer-employee relationship.

Under the New York State Labor Law, several factors are considered in determining whether an individual is an employee. These factors include:

  • Control and Supervision: If the employer has the right to control and direct the work of the individual, including how and when the work is performed, it indicates an employer-employee relationship.
  • Integral Part of the Employer’s Business: If the work performed by the individual is an integral part of the employer’s regular business operations, it suggests an employer-employee relationship. This means that the work contributes directly to the employer’s services, products, or overall business function.
  • Economic Dependence: If the individual is economically dependent on the employer for their livelihood, it indicates an employer-employee relationship. This means that the individual relies on the employer for the majority of their income and does not operate as an independent business entity.

So, what exactly distinguishes an independent contractor from an employee?

Control and Independence:

One key factor in determining worker classification is the level of control and independence exercised by the individual in their work. An independent contractor typically has more autonomy and control over their work. They have the freedom to set their own schedule, choose their projects, and decide how to complete the assigned tasks. This level of independence allows independent contractors to operate as their own business entities, serving multiple clients and working on a project-by-project basis. They often bring their own tools, equipment, and expertise to the table.

In contrast, an employee is subject to the control and direction of their employer. The employer determines their work hours, assigns tasks, and may even dictate the methods to be used. Employees are expected to follow company policies and procedures and are integrated into the employer’s regular operations. They work under the supervision and guidance of the employer and are an integral part of the employer’s workforce.

Financial Considerations:

Financial aspects also play a crucial role in differentiating between independent contractors and employees. Independent contractors usually have more financial risk and responsibility. They are often responsible for covering their own expenses, such as equipment, supplies, and insurance. Since they are essentially running their own business, they may need to invest in marketing, advertising, and other costs associated with attracting clients and maintaining their business operations. Independent contractors negotiate their own fees or rates for services rendered and have the potential to earn a higher income based on their skills and market demand.

On the other hand, employees receive a regular salary or wage from their employer. They do not have the same financial risks as independent contractors since their employer assumes responsibility for business expenses. Employees may also be entitled to benefits such as health insurance, retirement plans, and paid time off. These benefits provide a sense of stability and security that independent contractors may not always enjoy.

Tax Obligations:

Tax obligations differ for independent contractors and employees. Independent contractors are considered self-employed and are responsible for paying self-employment taxes, including Social Security and Medicare taxes, directly to the government. They receive a Form 1099 from their clients or employers to report their income. Self-employment taxes are typically higher than the payroll taxes paid by employees. However, independent contractors may be able to deduct certain business expenses and take advantage of tax benefits not available to employees.

Employees, on the other hand, have taxes withheld from their paychecks by their employers. These taxes include federal and state income taxes, as well as Social Security and Medicare taxes. The employer is responsible for remitting these taxes on behalf of the employee. At the end of the year, employees receive a Form W-2, summarizing their earnings and taxes paid. This document simplifies the process of filing personal income tax returns.

Legal Protections and Benefits:

Employees typically have more legal protections and benefits compared to independent contractors. Employees are entitled to minimum wage and overtime pay as mandated by federal and state laws. The Fair Labor Standards Act (FLSA) sets the standard for minimum wage, overtime pay, and other labor provisions. Employees are also protected by laws related to workplace safety, anti-discrimination, and family and medical leave. These laws ensure that employees are treated fairly, provide a safe working environment, and promote equal opportunities in the workplace.

Independent contractors, however, are not covered by the same labor laws as employees. They do not receive minimum wage or overtime pay protection under the FLSA. Independent contractors negotiate their own compensation and are not entitled to benefits such as health insurance or retirement plans provided by an employer. They must rely on their own contractual agreements and business practices to protect their rights and ensure fair treatment.

It’s important to note that the determination of worker classification is not solely based on the preferences of the individual or the employer. The Internal Revenue Service (IRS) and state labor agencies have specific guidelines and tests to determine whether an individual should be classified as an independent contractor or an employee. These tests typically evaluate factors such as control, financial considerations, and the nature of the working relationship. It’s essential for both employers and workers to be aware of these guidelines and ensure compliance with the law.

Misclassifying workers can have serious consequences for employers. If an employer misclassifies an employee as an independent contractor, they may be liable for unpaid wages, overtime, and other benefits. Additionally, misclassification can result in penalties, fines, and even legal action. It is crucial for employers to carefully evaluate the nature of the working relationship and consult with legal professionals to ensure proper worker classification.


Understanding the distinction between independent contractors and employees is crucial for both workers and employers. Proper worker classification ensures compliance with labor laws, protects workers’ rights, and ensures fair compensation. If you believe you have been misclassified or denied your rightful wages, it is essential to seek legal advice from experienced professionals who specialize in wage and employment law.

At our leading wage firm in the New York metropolitan area, we have worked with thousands of individuals, irrespective of their nationality or immigration status, to help them recover millions of dollars in unpaid wages and overtime compensation. With over a decade of experience in labor and employment law, our team has the expertise to navigate the complexities of worker classification and advocate for fair treatment and compensation for all workers.



Let us fight to recover the wages you have earned.

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