The uncertain intent of coronavirus relief. Did it target the wrong objective?
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To determine a small business’s eligibility, the CARES Act would require lenders to determine: (1) whether a business was operational on February 15, 2020, and (2) whether the business had employees for whom it paid salaries and payroll taxes, or paid independent contractors, and (3) whether the business has been substantially impacted by COVID-19. The legislation would also delegate more authority to lenders on eligibility determinations without requiring them to go through all of the usual SBA channels. National Law Review
In my last post, Economic Complexity Theory in the Time of Coronavirus, I observed that in the age of coronavirus, the ability to mandate that every person shelter in place is an attribute of authoritarian governments, but once all the people are sheltering in place, a grand environment for individualization process arises, served by governments that protect individualism
Another factor to be considered is the connection and regularity of business between the independent contractor and the hiring party. Important factors to be considered are separate advertising, procurement of licensing, maintenance of a place of business, and supplying of tools and equipment by the independent contractor. If the service rendered is to be completed by a certain time, as opposed to an indefinite time period, a finding of an independent contractor status is more likely.
Also, an independent contractor is more likely to be subject to the risk of taking a profit or loss in the work performed. An employee is generally paid on an hourly, salary, or commission basis, whereas an independent contractor is ordinarily paid an agreed amount, or according to an agreed formula, for a given job.
This is also termed as contract labor. definitions US Legal.com
An employer has the right to control an employee. It is important to determine whether the company had the right to direct and control the workers not only as to the results desired, but also as to the details, manner and means by which the results were accomplished. If the company had the right to supervise and control such details of the work performed. and the manner and means by which the results were to be accomplished, an employer-employee relationship would be indicated definitions US Legal.com