['Contingent Workforce']

['Independent Contractors']

06/14/2024

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Contingent Workforce - Independent Contractors
State Info

State Info

Contingent Workforce/Independent Contractor Rules - New York

RegSense State Info New York Contingent Workforce Independent Contractors Associate Benefits & Compensation Best Results English Focus Area Human Resources

There is no statutory definition of independent contractor in New York’s state wage and hour law. Case law generally applies a common-law right-to-control test in determining employee status, including whether the worker:

Worked at his or her own convenience;
Was free to engage in other employment;
Received fringe benefits;
Was on the employer’s payroll; and
Was on a fixed schedule.

Employee: Any individual employed or permitted to work by an employer in any occupation.

Related information

Independent Contractors
Federal Fair Labor Standards Act (FLSA)

Citations

New York Minimum Wage Act
Part 795 — Employee or independent contractor classification under the Fair Labor Standards Act

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