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How to structure this employee?
I am trying to figure out how to structure this employee that is also an independent contractor. So during Monday to Friday they are a regular employee but on the weekends they do marketing for a department in the evening and are an independent contractor? How do you structure this on the payroll system does everything need to be separated?
Answer
Generally, individuals that work as employees cannot also work for you as independent contractors. A business can have both employees and independent contractors, but they are typically different individuals.
Does the individual do work for a separate business on the weekends as an independent contractor, then work for another business during the week?
To help guide you in your decision making as to whether this person should be hired as an employee or an independent contractor, these rules from the IRS, commonly referred to as the IRS’s three “Common Law Rules” can help.