Employment is any
service or labor performed by an individual for another person
or entity, for wages of other remuneration (or the expectation
of remuneration) within the United States. Even the shortest service
at minimal salary would most likely be considered employment.
If the work is not paid such as volunteer services or labor, it
probably is not employment. At time wages are postponed to an
individual lacking employment authorization until such time as
authorization is granted. In these cases postponing the payment
of wages or other remuneration will not necessarily prevent the
services or labor being characterized as employment.
Labor or services provided by an independent contractor will not
constitute employment. Contract services or labor also are likely
do not constitute employment. If there is any question, the nature
of the relationship between the independent contractor and the
business utilizing its labor or services will be studied in order
to determine whether the contractor is truly independent. The
greater number of different contracts with different entities
increases the probability of being considered independent and
not employed. The more independence and discretion the contractor
has in the performance of his or her labor or services, the more
likely it is that the contractor is independent and not an employee.
Please note, however, that if a a person or business engages the
services of an independent contractor who, in turn, employs unauthorized
foreign nationals, then it may be found to have violated the Employer
Sanctions if the person or business knew the contractor's employees
were unauthorized.
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