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Who Is Considered An Employee?

Who Is Considered An Employee?

The classification of a working person as an employee would seem to be an easy decision, right?  If you hire a person and you pay wages to that person on a regular basis then the person is an employee. If you didn’t technically “hire” him and you don’t actually provide his payroll, then he isn’t an employee.  Or is he? You may intend for employment status to be determined by contract negotiations.  However, it is most often determined by a labor board (in the event of a complaint) or in a courtroom (in the event of an injury lawsuit). The California Department of Industrial Relations, the Department of Labor and the IRS have much to say on the status of all types of labor and whether someone might be considered an employee, even if you didn’t hire them and even if you don’t pay them.  Let’s look at a few of these.   Is a Volunteer an Employee? This might seem like a simple answer.  If someone is volunteering, they aren’t being paid, so they wouldn’t be considered an employee.  This is true, except when they ARE considered employees. The key word when determining the employment status of a volunteer is intent.  What is the intent of the employer with regard to the volunteer, and what are the intentions with regard to the work being performed by the volunteer?   No. Non-employees intend to volunteer their services for public service, religious or humanitarian reasons without contemplating being paid.  These would include people volunteering after a disaster or even those volunteering regularly in a non-commercial operation such as a shelter....