Supervisors should familiarize themselves with the Guidelines for Classification of Workers
Not all workers may qualify as an independent contractor, even if they have an LLC.
Current Active Employees are never independent contractors.
Background Check - Speakers or performers who are on campus for more than 48 hours OR will have direct contact with students are required to have a background check completed prior to confirming the worker will be hired at the college (this includes returning or seasonal employees who have not had a background check within the last 6 months). Please send the contractor’s name and email address to Mindy Leiterman (mindy.leiterman@snc.edu). The background check provider, Accusource will then send them an email including a link for completing the authorization forms online. Please inform the individual that they will receive an email from Accusource (they may also want to check their spam folder). The supervisor will generally know within 2 business days if the background check is acceptable.
Supervisors should refer to the Guidelines for Classification of Workers to be sure they are comfortable making the determination of the worker being an independent contractor. If a supervisor is not comfortable making the determination or would like assistance in making the determination of the worker being an independent contractor they should use the Questionnaire and Human Resources will determine the proper worker classification of contractor or employee and then notify the supervisor.
A Speaker, Performer, Translator, and Interpreter Contract has been created for these contractors (download the form and save to your computer) including a statement within the contract that puts the onus on the supervisor to make the independent contractor determination. Contractor will also need to complete a W-9 form.
These contracts can be valid for up to three years. If your worker will be contracted for more than a single occurrence, you do not need to complete a new contract if the service is within three years of the initial contract date.
Follow the Create Supplier Invoice Request job aid and submit payment requests through Workday. You must attach the completed contract and W-9 to the supplier invoice request.
If the contractor does not fall into the Speaker, Performer, Translator, or Interpreter category, the supervisor will complete this Questionnaire and Human Resources will determine the proper worker classification of contractor or employee and then notify the supervisor.
Background Check - A background check must be completed prior to confirming the worker will be hired at the college. Please send the contractor’s name and email address to Mindy Leiterman (mindy.leiterman@snc.edu). The background check provider, Accusource will then send them an email including a link for completing the authorization forms online. Please inform the individual that they will receive an email from Accusource (they may also want to check their spam folder). The supervisor will generally know within 2 business days if the background check is acceptable.
Once determined the worker is an independent contractor, the Independent Contractor Form will be used for these contract workers. Download the form and save it to your computer.
This completed contract along with a completed W-9 can be sent to Jesse Albers (jesse.albers@snc.edu) in the HR Department for signature. Contracts can be named as this convention: Smith, Sally 062123.
The Human Resources Department will share a google folder with the supervisor containing all the forms.
These contracts can be valid for up to three years. If your worker will be contracted for more than a single occurrence, you do not need to complete a new contract if the service is within three years of the initial contract date. A background check will need to be conducted at least every three years for these workers if you are still using their services.
Follow the Create Supplier Invoice Request job aid and submit payment requests through Workday. You must attach the completed contract and W-9 to the supplier invoice request.
Until further action is taken, the 2024 Rule remains in effect for purposes of private litigation and nothing in this FAB changes the rights of employees or responsibilities of employers under the FLSA, see Fact Sheet #13 (March 2024).
Consistent with the Department’s position on the 2024 Rule expressed in the above-referenced litigation, WHD will no longer apply the 2024 Rule’s analysis when determining employee versus independent contractor status in FLSA investigations. WHD will enforce the FLSA in accordance with Fact Sheet #13 (July 2008)*, and as further informed by Opinion Letter FLSA2019-6 with respect to any matters for which no payment has been made, directly to individuals or to DOL, for back wages and/or civil money penalties as of May 1, 2025.
An employment relationship under the FLSA must be distinguished from a strictly contractual one. Such a relationship must exist for any provision of the FLSA to apply to any person engaged in work which may otherwise be subject to the Act. In the application of the FLSA an employee, as distinguished from a person who is engaged in a business of his or her own, is one who, as a matter of economic reality, follows the usual path of an employee and is dependent on the business which he or she serves. The employer-employee relationship under the FLSA is tested by "economic reality" rather than "technical concepts." It is not determined by the common law standards relating to master and servant.
The U.S. Supreme Court has on a number of occasions indicated that there is no single rule or test for determining whether an individual is an independent contractor or an employee for purposes of the FLSA. The Court has held that it is the total activity or situation which controls. Among the factors which the Court has considered significant are:
The misclassification of employees as independent contractors continues to be a focal area of federal and state enforcement agencies. Employers should ensure workers satisfy all applicable tests before classifying them as independent contractors.
Next steps for SNC
If your department is using any current independent contractors or plan on using them in the future, you will be required to complete the new questionnaire before paying a contractor so Human Resources can audit their status. This ONLY applies if they are NOT a:
