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Updated over 1 year ago, 06/14/2023
The Right way to hire Independent Contractors to avoid employee designation (in NY)
Hi, we're a small BRRR operation primarily buying distressed properties to renovate and hold in NY state, but also open to flips.
I've been struggling to understand how to appropriately/legally/safely hire independent contractors to assist us. I want to protect us from a worker's comp suit/claim and other potential hazards if there is an accident.
If we hire someone as 1099, to do short-term tasks over a few days/weeks, and pay them based on hours/days worked rather than a fixed price, do we need to pay worker's comp? We'd require them to provide all tools/equip. It seems hard to believe we'd have to pay worker's comp if we're just hiring someone to assist for a few days/weeks or even a month or two, but would that be the case if they are assisting us directly with a task, or taking daily direction from us for hourly/daily compensation vs fixed price?
Are there things we can do to avoid the need for worker's comp, such as limiting hours to <30/week?
NY has a Scaffolding law but it does not apply to 1-2 family properties, as I understand.
Do we also need some form of general liability insurance as well to protect us for reasons beyond an injured worker?
Thanks