What is the difference between an independent contractor and an employee?

The difference between an independent contractor and an employee is not always very clear. It is very fact-intensive to determine who is an employee and who is not. Generally speaking, an independent contractor is somebody who works for job who doesn’t work for an employer for a long time, someone who gets paid 1099 and doesn’t get any benefits such as insurance, and somebody who doesn’t really have a set schedule.



An employee, on the other hand, is somebody getting paid W2, has a set schedule, sometimes wears a uniform, has to take the same break that other employees take, and generally his or her work are very much in control of the employer.