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LEGAL EASE

Do you have somebody

working for you who isn’t

a U.S. citizen?

By George F. “Rick” Evans, General Counsel, BCMS

dds are very high that, either now or in the future, or hiring an independent contractor. The laws we’re talking about
O you’re going to find yourself wanting the services of apply to employees; not independent contractors, so you need to
a person who isn’t a U.S. citizen. Think about all the
know the difference. Also, if you hire an employee, there are a lot
times this happens. Maybe you need: A nanny? A more implications including your responsibility to pay Social Secu-
yard guy? A home maid? Or maybe you need professional help in rity, Medicare, Federal Income, and Unemployment taxes. You may
your office or side businesses? What risks are you taking if you hire be subject to minimum wage requirements and the obligation to
somebody who isn’t a U.S. citizen? It happens every day, here and pay time and a half for more than 40 hours of work. You may be
all over the nation. My guess is that you’ve done it many times al- subject to the anti-discrimination laws regarding employees and the
ready, right? rules of the EEOC. In short, it makes a big difference if you’re
Look, the laws can be pretty intense on this subject. The web of hiring an employee or an independent contractor. How do you tell
federal regulations is intended to protect the U.S. work force and it which is which?
does that by creating a lot of obstacles to hiring non-citizens. If The litmus test is whether you control the manner in which the
you violate these laws, you can be subject to not only civil sanctions, work is done. In other words, if you control both (1) what work is
but criminal penalties, too. So, what do you do? to be done, and (2) how that work is done, you’ve got an employee.
First, you need to figure out if you’re actually hiring an employee Even if you don’t exercise your right to control how the work is

32 San Antonio Medicine • March 2018