Is Your Handyman an Independent Contractor or an Employee?
Do you have a Handyman working at your HOA who does work on a regular basis? Is he licensed and insured? Do you direct his work? Do you set his hours? Do you pay Federal, State and other taxes on him and his work? If not, you could one day find out that he is really your employee and not the “Independent Contractor” you had hoped he was. If you have any question about whether or not this may apply to your community, you may want to seek out the opinion of your general counsel. Recently one Massachusetts Construction Company learned the hard way and had to pay over $2M in taxes and fines for attempting to pass off its employees as independent contractors.