| Description | Employee | Contractor |
|---|---|---|
| Employment Laws | Covered by a number of federal and state employment and labor laws | Not covered by employment and labor laws |
| Hiring Practice | A potential employee completes an application that is handled by Human Resources. The approved applicant receives a job offer. After a person accepts the position, the employer must ask for additional information about the employee such as date of birth, marital status, and citizenship status. | A potential contractor normally interacts with the person or department that wants a certain service or task completed. A potential contractor might complete a proposal. The contractor enters into a contract, including a Statement of Work with the legal or procurement section of the business. |
| Tax Documents | Provides name, address, Social Security number, tax filing status, and number of exemptions on a W-4 | Provides name, address, Taxpayer Identification Number, and certification about back up withholding visit disclaimer page on a W-9 |
| Payer’s Tax Reporting Requirements | Reports all money paid to the employee during the tax year on a W-2 | Reports payments of $600 or more in a calendar year on a Form 1099 |
| Reporting to Other Agencies | Reports for state and federal Unemployment Insurance | None |
| Value of Work or Contract | Earns either an hourly rate or a salary | A contract may be for a total amount. It could be for an hourly, daily, or weekly amount that ends on a specific date or a total amount to be paid when the job is completed. |
| When Paid | An employee pay period must remain the same unless formally changed. Pay periods vary from one week to one month. Federal and state laws require that an employee be paid on the normal pay date or earlier if the pay check is not negotiable on the normal pay date, which can occur on holidays. | Accounts Payable pays a contractor after receiving an invoice. The terms of the contract or Statement of Work dictate when payments are made, such as upon completion of a task or by periodic amounts. Contractors are not paid by payroll staff in most businesses. |