Mississippi Independent Contractors laws & HR compliance analysis

Mississippi 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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Mississippi law defines an independent contractor exempt from coverage by workers’ compensation as any individual who contracts to do a piece of work according to his or her own methods without being subject to the control of his employer except as to the results of the work, and who is free from any authority of the employer on how the specified work is to be done, and who undertakes to produce a given result without being in any way controlled as to the methods by which the result is achieved (MS Code Sec. 71-3-3).
Services performed by an individual for wages are presumed to be employment subject to unemployment compensation coverage unless and until proven that individual performing the services has been and will continue to be free from control and direction over the performance of such services both under his or her contract for service and in fact. The determination whether the relationship of employer and employee exists is to be made using the common law definition of an independent contractor (MS Code Sec. 71-5-11).
Generally, an employer/employee relationship exists when the person for whom services are performed has the right to control and direct the individual who performs the ...

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