Independent Contractors

Description/Rules:

  • “An individual who performs a service for the university, but is free from immediate control or direction in the performance of his or her work under a contract of service.” This type of employment relationship is determined by the key question, “Who has control?” A worker is an employee if the person for whom he works has the right to direct and control him concerning when and where to do the work.
  • Independent contractor guide can be found on Procurement’s webpage -> Contract-Management
  • Never use a YSU retiree or YSU student for IC services
  • Businesses are NOT considered independent contractors
  • Using employees as independent contractors can be a red flag!
  • Ecube is used to process contracts

 

Duration/Limitations:

  • Cannot cross the fiscal year.

 

Considerations:

  • Facts that provide evidence of the degree of control and independence fall into three categories:
    1. Behavioral: Does the company control or have the right to control what the worker does and how the worker does his or her job?
    2. Financial: Are the business aspects of the worker’s job controlled by the payer? (These include things like how worker is paid, whether expenses are reimbursed, who provides tools/supplies, etc.)
    3. Type of Relationship: Are there written contracts or employee type benefits (i.e. pension plan, insurance, vacation pay, etc.)? Will the relationship continue and is the work performed a key aspect of the business?