Best Business Practices for Photographers [45]
Factor 10: Order or Sequence Set. Does the worker have to follow a work sequence set by the employer? If a worker must perform services in the order or sequence set by the person for whom the services are performed, that factor shows that the worker must follow established routines and schedules. Often, because of the nature of an occupation, the person for whom the services are performed does not set the order of the services. It is sufficient to show control, however, if the person has the right to do so.
Response. When contractors are completing work, tasks such as filing, reprints, estimates, and cleaning do not have a set sequence. In fact, significant leeway is given as to how and when to complete these (and other) tasks. Where efficiency or client demands are a consideration, the contractor may be asked to complete tasks in a certain order.
Factor 11: Oral or Written Reports. Does the worker have to submit regular reports? A requirement that the worker submit regular or written reports to the person for whom the services are performed indicates a degree of control.
Response. No reports are requested or required of contractors.
Factor 12: Payment by Hour, Week, Month. Does the worker receive a regular amount of compensation at fixed intervals? Payment by the hour, week, or month generally points to an employer/employee relationship, provided that this method of payment is not just a convenient way of paying a lump sum agreed upon as the cost of a job. Payment made per job or on a straight commission basis generally indicates that the worker is an independent contractor.
Response. Contractors are paid biweekly, on an hourly basis. Due to the highly variable nature of each shoot or project, it is difficult to determine with a reasonable degree of certainty how long each one will take. In addition, the contractor has the right to suspend services to me to meet the needs of other employers or for personal reasons. As a result, the contractors and I have agreed that an hourly fee is a reasonable way to determine work actually performed for me versus time not working for me, but working for others.
Factor 13: Payment of Business and/or Traveling Expenses. Does the worker receive payment for business and traveling expenses? If the person for whom the services are performed pays the worker's business and/or traveling expenses, the worker is ordinarily an employee.
Response. I do not pay business or travel expenses for contractors. My contractors are obligated to pay any travel expenses between their office and my offices or on location. In the event that I ask them to travel with me to a distant location to assist me in completing an assignment, the expenses associated with that request are covered by me.
Factor 14: Furnishing of Tools and Materials. Does the employer furnish tools and materials? The fact that the person for whom the services are performed furnishes significant tools, materials, and other equipment to do the job tends to show the existence of an employer/employee relationship.
Response. Contractors' primary obligation is the use of their hands and minds to complete tasks. The role of assistant to the photographer does not require any equipment beyond perhaps an assistant's grab bag, which I do not furnish. Contractors are required to have cellular phones, which I do not furnish nor reimburse.
Factor 15: Significant Investment. Has the worker invested in facilities used to perform the service? If the