Page 60 - Microsoft Word - Updated Book Draft 2 23 2017 (1)

companies in addition to providing services for the

business, if what that person does is part of the ordinary

operations of the business, the employer could be

breaking the law by classifying that person as an

independent contractor. For example, if I hire someone to

paint my office, or plow the parking lot, those activities

are not part of the usual course of my business as a law

firm. If, however, I hire someone for 10 hours a week to

do legal research, even on a temporary basis, that person

is performing a core function of my business, and likely

should be paid as a W-2 employee, no matter how few

hours he or she works, or how temporary the assignment.

Ancillary support services (IT consultants, payroll or

accounting services) are generally permissible to engage

on a contracted services basis, assuming the other tests

are met (actual independence and provision of similar

56| Rules of the Road