Best Business Practices for Photographers [44]
Factor 5: Hiring, Supervising, and Paying Assistants. Does the worker hire, supervise, and pay assistants for the employer? If the person for whom the services are performed hires, supervises, and pays assistants, it generally demonstrates control. However, if one worker hires, supervises, and pays the other assistants pursuant to a contract under which the worker agrees to provide materials and labor and under which the worker is responsible only for the attainment of a result, this factor indicates an independent contractor status.
Response. No current contractor hires or supervises other contractors. One contractor may be a resource for information about work processes, but all contractors are hired and supervised by me directly.
Factor 6: Continuing Relationship. Does the worker have a continuing relationship with the employer? A continuing relationship between the worker and the person for whom the services are performed indicates an employer/employee relationship. A continuing relationship may exist where work is performed at irregular intervals if they are recurring.
Response. Contractors are retained initially on a three-month contractual basis, which is automatically renewed for successive one-month terms, provided the quality of services remains as high as when initially contracted. Further, contractors are allowed and encouraged to work for the competition—and not because we expect (or do) get information. In fact, we are very clear not only that our assistants maintain our confidentiality, but also that we do not ask them about their dealings with the competition. We don't ask for whom they provide their services (although we know they do provide services for other clients), nor do we ask who the other photographer's clients or subjects are. Not only is this bad form and unethical, but it is against an unwritten rule that exists among assistants.
Factor 7: Set Hours of Work. Must the worker follow set hours of work? The establishment of set hours of work by the person for whom the services are performed is a factor indicating control.
Response. Contractors understand that the office should be staffed from at least 10:00 a.m. through 6:00 p.m. Monday through Friday. Each contractor determines when it is best for him or her to arrive and when it is best to leave, given the day's flow and activities. No monetary penalties occur (docking of pay and so on) when a contractor arrives after 10:00 a.m., and some contractors opt to come in prior to 10:00 a.m. when it benefits them. Certain events (shoots on location) require specific timing, setup, and so on, and in these instances time is of the essence, so contractors should be at a certain place at a certain time.
Factor 8: Full Time Required. Does the worker work full time for the employer? If the worker must devote substantially full time to the job, control over the amount of time the worker spends working is assumed and restricts the worker from other gainful employment. Therefore, an employer/employee relationship is assumed. An independent contractor, on the other hand, is free to work when and for whom he or she chooses.
Response. No contractors work full time. Contractors not only perform services outside of their work for me, but in fact are allowed to (and do) work for businesses that are direct competitors of mine.
Factor 9: Doing Work on Employer's Premises. Does the work take place on the employer's premises? If the work is performed on the premises of the person for whom the services are performed, that factor suggests control, especially if the work could be done elsewhere. Work done off premises, such as at the office of the worker, indicates some freedom from control. However, this fact by itself does not mean that the worker is not an employee. Control over the place of work is indicated when the person for whom the services are performed has the right to compel the worker to travel a designated route or to canvass a designated territory.
Response.