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Hi Brenda!
I see this sort of thing all the time in my market and while it may be common, that doesn't it right. Independent Contractors are heavily governed by the IRS and they've offered some guidance to help employers determine if individuals are employees or independent contractors. Here are some links for your reference:
- https://www.irs.gov/pub/irs-pdf/p1779.pdf
- https://www.irs.gov/taxtopics/tc762.html
- https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-self-employed-or-employee
- https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-defined
- https://www.dol.gov/whd/workers/Misclassification/myths-main.htm.
I caution my clients with engaging in this type of practice. Good luck!