Employer versus independent contractor

[Kyung]

Well, I posted something in a blog about some states considering court reporters as employees and some states considering them independent contractors.

I know in California we're considered independent contractors. Are there any states out there where you're considered an employee?

Even in the court system, it's kind of weird. Official reporters are considered employees, but not quite the same status as regular hourly employees bec. they do the transcripts on the side.

So does anybody out there work for an agency and they're an employee of that agency?

[Dave Stanley]

The main thing is whether or not the IRS considers you an employee or independant contractor. most firms want the reporter to be an independant contractor so that they don't have to pay a share of the FICA and Medicare taexes. the IRS has a test (used to be 20 items) to determine whether you are an independant contractor.

[Melissa Macrelli-Powell]

In NY, well as far as my experience can see, when working for an agency, we are conisdered what they call "on-staff." I have a friend who works in First District for the County and she is a county employee -- no other status -- she gets transcripts on the side and it doesn't change her status! (Money is her's)

Not sure about the whole independent contracting thing. I mean put it this way: you can work for the county, state, etc, get transcripts from them, work for an agency and get pages from those jobs, or get your own work and call yourself independent! that is what is so great about this field. You, if you wanted, could probably do all three and make a ton of money but we know there isn't enough time in a day!

[Debbie]

unfortunately even independent contractors are treated as employees without benefits.