The Advantages and Pitfalls of Using Independent Contractors

In June of 2023, WSA’s Director, Ranger Kidwell-Ross, teamed up with Phil Duncan, a principal with WSA’s endorsed insurance carrier, BindDesk, to discuss in detail the pluses and minuses of using independent contractors. The discussion is in the form of a 45-minute Zoomcast discussion. To access the information as a YouTube video, click here or on the graphic shown below.

Using independent contractors in a business refers to hiring individuals or other entities to perform specific tasks or projects on a contractual basis. Unlike employees, independent contractors work independently and are not considered permanent staff members. They are typically engaged for a particular assignment or a set period, and they have more control over how they complete the work.

Here is an overview of what it means to use independent contractors in a business:

1. Definition: Independent contractors, also known as freelancers, consultants, or self-employed professionals, are individuals or businesses that provide services to other organizations on a non-employee basis. They are not considered employees for legal and tax purposes.
2. Contractual Relationship: The relationship between a business and an independent contractor is typically governed by a contract or agreement. The contract outlines the scope of work, payment terms, project deadlines, and other relevant details.
3. Flexibility: Hiring independent contractors allows businesses to access specialized skills or expertise for specific projects without committing to long-term employment. It provides flexibility in scaling up or down based on project requirements.
4. Control and Autonomy: Independent contractors have more control and autonomy over their work compared to employees. They are responsible for determining how the work is performed, as long as it aligns with the agreed-upon deliverables.
5. Tax and Legal Considerations: Classifying workers correctly is crucial to comply with tax and labor laws. Independent contractors are responsible for their own taxes, insurance, and benefits, relieving the business from providing employee benefits such as health insurance, retirement plans, or paid time off.
6. Cost Savings: Independent contractors can be a cost-effective option for businesses. Since they are not entitled to employee benefits, businesses can save on expenses such as payroll taxes, workers’ compensation, and other overhead costs associated with full-time employees.
7. Limited Control: While independent contractors have autonomy over their work, businesses have less direct control over their schedules and work processes. Contractors typically work remotely or have their own workspaces, which can limit direct oversight.
8. Intellectual Property: It is important to define ownership of intellectual property in the contractual agreement when working with independent contractors. Clarifying who retains the rights to any work or creations produced during the engagement is essential.
9. Compliance and Misclassification Risks: It’s crucial to properly classify workers as independent contractors or employees to comply with legal regulations. Misclassifying workers can lead to legal and financial consequences, including penalties and back taxes.
10. Ongoing Relationships: While independent contractors are often engaged for short-term projects, it is possible to establish ongoing relationships with contractors who provide consistent value to the business. However, if the working relationship becomes more akin to an employer-employee relationship, the classification might need to be reconsidered.

It is important to consult with legal and tax professionals to ensure compliance with relevant laws and regulations when engaging independent contractors. The specific regulations and requirements may vary by jurisdiction.