Is your homeschool teacher an employee or Independent Contractor?
In 2018 California Supreme Court tried to make that questions easier to answer with a simpler 3 part test: The ABC Test for Independent Contractor status.
Can You Pass The Three-Part ABC Test?
Employers must be able to answer yes to all three parts of the ABC Test if they want to classify workers as independent contractors:
- The worker is free from the control and direction of your homeschool organization or business in relation to the performance of the work, both under the contract and in fact;
- The worker performs work that is outside the usual course of your homeschool organization or business; AND
- The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work your homeschool organization or business hired them to perform.
Which parts of the ABC test do homeschool groups usually comply with?
Which part do they typically fail to pass?
Listen to the podcast for Carol’s reply.
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Featured Resource
In the podcast Carol mentioned paying teachers or tutors of others in a homeschool business or nonprofit organization. Her book, Paying Workers in a Homeschool Organization has more information about paying Independent Contractors and employees.
Paying Workers in a Homeschool Organization
Are you paying workers in your homeschool organization?
- Can a volunteer be paid?
- Should a worker be treated as an employee or independent contractor?
- Do you know the difference?
Homeschool leader and CPA, Carol Topp, has the answers to your questions in her book Paying Workers in a Homeschool Organization.
This 130 page book covers paying workers as employees or independent contractors. There are also chapters on paying volunteers and board members. It includes sample forms, tips and advice to help you pay workers in accordance with the IRS laws to help your organization.
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