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Nevada Independent Contractors: What you need to know

Whether a worker is an “employee” or an “independent contractor” is critical when it comes to such important issues as pension eligibility, workers' compensation coverage, wage and hour law, and many other matters. In some situations, federal law will govern, but the question is most often resolved by looking to state law, particularly in areas such as unemployment tax liability, workers' compensation, and state wage and hour requirements.
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An independent contractor may not file a claim with the Commissioner of Labor for wages unpaid when due. For this purpose, "independent contractor" means a self-employed person who agrees with a client to do work for the client, for a certain fee, according to the means or methods of the self-employed person, and not subject to the supervision or control of the client except as to the result of the work (NV Admin. Code Sec. 608.155).
For purposes of Nevada's workers' compensation law, "independent contractor" means any person who renders service for a specified amount of compensation for a specified result, under the control of the employer as to the result of his work only and not as to the means by which such result is accomplished (NV Rev. Stat. Sec. 616A.255). In determining whether an employer-employee relationship exists, the courts give substantially equal weight to the following factors:
• The degree of supervision,
• The source of wages,
• The existence of a right to hire and fire,
• The right to control the hours and location of employment, and
• The extent to which the worker's activities further the general business concerns of the alleged employer (Clark County v. State Indus. Ins. Sys., 102 Nev. 353 ...

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More on this topic:

expand-collapse sectionEmployee or Independent Contractor?
expand-collapse sectionWage Claims
expand-collapse sectionWorkers' Compensation Issues
expand-collapse sectionUnemployment Compensation Issues
expand-collapse sectionAdditional Information

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Nevada Independent Contractors Resources

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