Nevada Independent Contractors laws & HR compliance analysis

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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A 2015 Nevada law (NRS 608.0155) establishes a conclusive presumption that a worker is an independent contractor, not an employee, if the worker is in the United States lawfully and possesses or has applied for an employer identification number or a Social Security number or filed an income tax return for a business or self-employment with the IRS the previous year; and the worker maintains a state or local business or occupational license, insurance, or bonding to perform his or her work.
In addition, the worker must satisfy three of the following criteria:
• He or she maintains control and discretion over the means and manner of performance of the work and the results of the work. (This must be the primary element bargained for by the worker and the business.)
• He or she maintains control and discretion over when the work is performed.
• He or she is not required to work for just one business (with some exceptions).
• He or she is free to hire employees to assist with the work.
• He or she has invested a substantial amount of capital (based on factors such as income, trade, and profession) in the business, including purchasing or leasing required tools, materials, and equipment; obtaining licenses; and securing access to a work space.
Under the ...

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