06-09-2009
, 12:34 AM
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OA Spectator
Join Date: Jun 2009
Posts: 1
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Labor Pool
Our business started several day workers out as in house labor pool workers. We called them in here and there to complete jobs such as putting up chairs, mopping floors, some lawn care, etc. They serve as basic supplement workers to existing custodial staff. When called they can say yes they will and have the time available to work or no they have other work or other interviews or just don't for whatever reason have the time. Would they be considered contract labor or an employee (part time temporary)? Once on the job they are directed as to what is expected of them, but have the option to say how many hours they are available to work.
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09-01-2009
, 05:43 PM
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OA Expert
Join Date: Jul 2008
Posts: 314
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Re: Labor Pool
No, these are definitely employees. In order to be a contractor, the person has to have the freedom not only of when they work, but where and how. Since they work at your place of business, use your tools, and are directed by you in how to do the work, they would definitely fall under the part-time temporary classification, and you would be required to pay normal payroll taxes and take normal withholding for them.
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