Independent Contractor and Special Consultant Guide and Checklist

Transcription

1 Independent Contractor and Special Consultant Guide and Checklist This guide is intended to facilitate the identification/classification of work in the category of Independent Contractor or Special Consultant. This list includes some basic definitions and a compare checklist. What is an Independent Contractor? For an individual to be classified as an Independent Contractor, a current employer-employee relationship must not exist. That is, an Independent Contractor is not a University employee. An Independent Contractor is engaged in a distinct profession business, or independent trade in which these same services are offered to the general public and is in the business of providing services related to the job being contracted. Independent Contractors have total control over the work being performed, set their own hours, provide their own equipment, liability insurance, and office space and require no training or supervision. The services to be performed are not available within the CSU; cannot be performed by CSU employees; are not regularly part of University business; or are of such a specialized or technical nature that the knowledge, experience, and/or ability is not available through the normal staffing process. Independent contractors are required to provide a Business License Number, a Taxpayer I.D. Number, and/or a Company Name. Please note that collective bargaining agreement provisions may apply re: contracting out bargaining unit work. Please contact HREO for assistance. What Are The Restrictions To An Independent Contractors Restrictions? Are not considered employees for tax withholding purposes; Are not covered by the University's Worker's Compensation Program; Do not participate directly or indirectly in University benefit programs; and Are not eligible for the Direct Deposit Program. What is a Special Consultant? Special Consultants are University employees. They perform special assignments of a temporary nature, based on a particular knowledge, abilities or expertise. Incumbents in this classification perform administrative studies, make appropriate recommendations, conduct oral briefing of study results, and prepare written reports. SC may also work with personnel of an organization to implement a desired plan of change, providing the necessary coordination, guidance and training. The work meets the exempt criteria for FLSA, the classification is not to be used for non-exempt work.

2 Extensive experience in the particular area or specialty for which the consultants services are required, and which demonstrates that the incumbents have applied successfully a wide variety of knowledge and skills in achieving similar objectives. Job related educational preparation appropriate to the assignment or the appropriate CSU standard. Special Consultant s are paid on a daily rate. Special Consultant s are considered employees; are covered by the University's Workers' Compensation Program; are subject to tax withholding, and in some cases, retirement, Social Security, and Medicare deductions; are subject to Direct Deposit if currently enrolled in the program; Special Consultant s do not participate directly or indirectly in University benefit programs; and are not represented by collective bargaining.

3 Special Consultant Versus Independent Contractor Summary of Assignments This guide is intended to provide a high level overview of the fundamental differences between a Special Consultant and Independent Contractor, such as appointment type and scope of work. Special Consultant Independent Contractor Special Consultant can be a current CSUSM Employee ( this is not encouraged if it results in an overload) Not currently appointed to a temporary, probationary, or permanent Universityfunded or reimbursed position. Does not have to be a current CSUSM employee. Must not meet criteria for independent contractor No other appropriate classification currently exists in CSU system Work is of a temporary nature (normally not to exceed one year). Will not act as coordinator of an on-going or recurring academic or academic-related program. Such coordinators should be placed in an appropriate CSU classification (e.g., class code 2361, 12-month faculty). Is engaged in the pursuit of an independent trade, business, or profession in which these same services are offered to the public (business license number, taxpayer I.D.). The services contracted are not available within CSUSM, cannot be performed by CSUSM employee, or are of such a specialized or technical nature that the knowledge, experience or ability are not available through the normal staffing process. University does not exercise control over details of the services to be performed (methods, hours worked). Supplies, work area, benefits, and personal liability insurance are not furnished by the University.

4 Independent Contractor Versus Special Consultant Checklist This worksheet is designed to enable one to perform an initial compare of the two appointment types as part of ascertaining if the Hire should be classified as a independent contractor or special consultant. Please note that If the majority of answers lean towards a hire as an Employee, please review further to determine if it is classified work, per the Collective Bargaining Agreement. Question Yes No 1. Will the worker be required to comply with University-provided instructions about when, where, and how to work? 2. Will the worker be provided with instructions/training by the University regarding the particular method or manner by which the work is to be performed? 3. Is the work to be performed a regular part of University business/work? 4. Will the worker be required to perform the work himself/herself? (As opposed to assigning the work or part of the work to an assistant.) 5. Will the worker be hiring or supervising CSUSM employees? 6. Will the worker and CSUSM have a continuing relationship? If the majority of the answers to questions 1-6 are yes, the hire Should not be hired as a Independent Contractor. Please now review if the work is captured in a CSU classification. If no classification is applicable, the hire can be appointed as a special consultant. 7. Will the worker be able to hire and pay his/her own assistants? 8. Does the worker offer similar services to others as a part of his/her own business? 9. Will the worker be allowed to work concurrently for other employers while working for CSUSM? 10 Will the worker be able to set his/her own hours and priorities? 11. Will the worker be hired and paid to complete one specific job/project for the University? 12. Will the worker provide his/her own tools? If the majority of the answers to questions 7-12 are yes, the worker should be hired as an INDEPENDENT CONTRACTOR

5 If answers to questions above support hiring the individual as an employee, then review further to confirm is meets the criteria for a (special consultant versus a CSU classification. If answers to questions above support hiring the individual as an independent contractor, proceed with confirmation.