INDEPENDENT CONTRACTORS
contractors is a hot legal issue. In recent years, the
issue has attracted the attention of government
agencies as they grapple with regulating “gig”
economy companies like Uber. The issue has also
lawsuits against unprepared employers. Since it’s
owners too.
as an independent contractor can be a thorny legal
appraisers as contractors generally have avoided ill
consequences when they understand the relevant
generally have more to worry about.
STRONG INCENTIVES EXIST FOR
TREATING APPRAISERS AS
CONTRACTORS
independent contractors recognize the strong
business reasons for doing so: Independent
contractors are not paid overtime (nor are they
entitled to minimum wage).
• Firms do not withhold taxes or make Social
Security and Medicare contributions for
contractors and need only to report payments
on an annual 1099 Form.
• Firms generally do not pay unemployment or
workers’ compensation premiums for
contractors.
•
18 | APPRAISAL BUZZ SPRING 2020
generally prefer the arrangement too. The tax
business-related expenses is to a much greater
degree than they would be as employees. Moreover,
many appraisers also prefer “being their own boss”
as an independent contractor, rather than being an
employee.
ARE APPRAISERS WORKING FOR A FIRM
PROPERLY TREATED AS CONTRACTORS?
While the economic incentives are strong, there is
legal risk to improperly classifying employees as
unpaid overtime, employee expenses, penalties, and
interest. An employer also faces potential liability to
state agencies for unpaid unemployment and
workers compensation costs.
The answer depends on the purposes for which the