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Hired Contractors - meant to make them Temp Employees (S-88?)

Our team recently hired a few interns who were listed as contractors. However, the contractors will most likely be on-site and should be best classified as temporary employees. The only reason why we opted to list them as Contractors was because we have not developed/review a Temporary Employee Agreement. The interns haven't started yet so no payroll has been processed. I would prefer not to reissue Contractor Agreements because it took some time to onboard/sign the current Contractor Agreements. Should I issue an S-88 after the internship? Is there any form to update the classification for a work (prior to payroll)?

Answers

Topic Expert
Wayne Spivak
Title: President & CFO
Company: SBAConsulting.com
LinkedIn Profile
(President & CFO, SBAConsulting.com) |

You really need to talk with your CPA firm or Attorney.

There is no classification as a temporary employee. A person is either an employee or an Independent Contractor.

If they haven't started work, then you have no issue. Notify them ahead of time that they will be on payroll.

Have them do the normal payroll forms, W-4, I-9 plus whatever your particular state requires.

Problem solved.

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