Employee vs. Independent Contractor vs. Exempt vs. Nonexempt

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Employee versus Independent Contractor

Why does it matter?

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Employee versus Independent Contractor

golf_pro

Test Hypothetical

You own a golf country club. You hired a full-time assistant golf pro that will work at the pro-shop during the week. They will also teach up to six half-hour lessons during week to members of your club. For golf lessons, you will issue a 1099 at one hourly rate and W2 for a different hourly rate for working at the pro-shop.

Employee, an independent contractor, or both?

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Top Floor Legal

Employee versus Independent Contractor

golf_pro

Test Hypothetical

You own a golf country club. You hired a full-time assistant golf pro that will work at the pro-shop during the week. They will also teach up to six half-hour lessons during week to members of your club. For golf lessons, you will issue a 1099 at one hourly rate and W2 for a different hourly rate for working at the pro-shop.

EMPLOYEE

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Employee versus Independent Contractor

How to Classify: It's all about control

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Employee versus Independent Contractor

A collection of all Independent Contractor Factors

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Exempt Employee versus Nonexempt Employee

Why does it matter?

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Exempt Employee versus Nonexempt Employee

golf_proTest Hypothetical

You own a restaurant in San Diego serving classic Italian food in the heart of Little Italy. As the owner, you manage the cooks, the waitresses, and set the menu. You hire an executive chef on a monthly salary. The Executive Chef cooks during a 10-hour shift for dinner hours while another cook works the lunch hours.

Is the Executive Chef owed any overtime?

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Top Floor Legal

Exempt Employee versus Nonexempt Employee

golf_proTest Hypothetical

You own a restaurant in San Diego serving classic Italian food in the heart of Little Italy. As the owner, you manage the cooks, the waitresses, and set the menu. You hire an executive chef on a monthly salary. The Executive Chef cooks during a 10-hour shift for dinner hours while another cook works the lunch hours.

Yes, the Executive Chef is a nonexempt employee.

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Top Floor Legal

Exempt Employee versus Nonexempt Employee

How to Classify Exempt Status?

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Top Floor Legal