In determining whether a worker is an employee or independent contractor, employers must consider the entire relationship and evaluate the degree of control and independence – there is no one factor which automatically classifies a worker. If you have the right to control or direct not only what is to be done, but also how it is to be done, then your workers are more likely to be employees.

Guidance from the IRS
According to the Internal Revenue Service, facts that provide evidence of the degree of control and independence for determining worker status fall into three categories:

• Behavioral Control covers facts that show whether the business has a right to direct or control how the work is done through instructions, training or other means.
• Financial Control includes facts that show whether the business has a right to direct or control the financial and business aspects of the worker’s job.
• Type of Relationship relates to how the workers and the business owner perceive their relationship.

For more information and resources related to determining worker status, visit our section on Independent Contractors — How to Classify or click on the Small Business link found on IRS.gov. If you have any questions, you should consult a knowledgeable employment law attorney or contact the IRS for guidance. Businesses may also complete and file Form SS-8, Determination of Worker Status, to have the IRS make the determination.

“When dealing with live animals (little frogs in our case), one often has to address the concerns of a frog owner or, more uncomfortably, a parent of a frog owner who has unfortunately had to deal with the loss of their dear family pet.  When fielding these calls, an intense amount of sensitivity and selflessness is required.  Janet is not only adept at handling these calls, she is highly receptive and truly empathetic, and demonstrates this with incredible grace.   In addition to dealing with numerous daily tasks involved with her job, she still finds the resolve to set aside work frustrations to cordially handle these customer service issues.”

The character trait chosen to represent her was:

Alertness:  Being aware of what is taking place around me so I can have the right responses.

Congratulations to Janet Noto for winning this award.  We appreciate her example of good character in her workplace and in our community!