Being Commission-Based Doesn't Make a Worker an Independent Contractor
"An individual who works on commission, creates their own schedule, and has the flexibility to work from home might superficially resemble an independent contractor."
But long-time treatment as an employee (35 years in this case) as well as enjoying employee benefits (e.g., health, 401k) and company supervision demonstrate that the worker is an employee.
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For further information please contact me at www.kmckernanlaw.com kevin@kmckernan.com or 718-317-5007.