Classification of Independent Contractors versus Employees
An independent contractor is an individual who provides personal or professional services to clients or businesses under a contract, rather than as a traditional employee. Unlike employees, independent contractors have the freedom to choose how, when, and where they work, allowing them to operate their own businesses and manage multiple clients, while their clients specify the deliverable(s) to be provided or the result(s) to be accomplished.
The distinction between independent contractors and employees is important for the University. Federal regulations, primarily set by the Internal Revenue Service (IRS) and enforced by the Department of Labor (DOL), define specific criteria for determining whether an individual qualifies as an independent contractor or an employee. There are also University System of Georgia (USG) policies that define which individuals KSU has the ability to classify as independent contractors.
What Kind of Agreement Do I Need Job Aid
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Guidelines for Unpaid Speakers at KSU
These Guidelines for Unpaid Speakers at Kennesaw State University (the “Guidelines”) describe the requirements and expectations of individuals who are (1) not enrolled at or employed by KSU and (2) are invited to contribute to the educational content of KSU courses and programs, e.g., classroom lectures, panels, and presentations, and speaker series. Such speakers are referred to throughout these Guidelines as the “Speaker” or “Speakers.” If you are interested in providing information or materials to the KSU Campus Community or otherwise engaging in expressive activities in KSU’s outdoor areas, please visit KSU’s Public Forum website to make a reservation.
Please note: These Guidelines are intended only for Speakers invited to contribute to the educational content of KSU courses and programs. If you (1) are solely responsible for classroom instruction; (2) are providing services or deliverables other than those described above; or (3) expect to be paid, please contact your KSU contact for the correct contract form. If your engagement is expected to last seven days or more, please contact your KSU contact and learn more about registering as a visitor here.
- Compensation. Speakers will not receive any payment or compensation, including reimbursement for travel or lodging. If you expect to be compensated in any way, please contact your KSU Contact and inquire about the proper contract form.
- Compliance with KSU policies. Speakers are expected to comply with all KSU policies while on-campus or engaging with an academic course or program. Speakers who KSU reasonably determines are violating such policies or otherwise causing a health or safety disruption may be asked to leave the classroom, facility, or KSU’s campus.
- Cancellation. KSU reserves the right to cancel a planned engagement with a Speaker at any time and for any reason upon notice to the Speaker. If Speaker needs to cancel or reschedule for any reason, the Speaker should notify their KSU contact as soon as possible.
- Advertising. KSU will manage all matters pertaining to the promotion and production of any scheduled engagement, including but not limited to, advertising. KSU may use Speaker’s name, photographs, and audio/visual recordings of the lecture, speech, or presentation for non-commercial, promotional, and archival purposes. The use of KSU’s logos and name are subject to KSU’s Visual Identity Program.
Thank you for your willingness to enhance the academic experience for our students! You can also find more information about getting involved with KSU here.
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Guidelines for Providing Honorariums
In accordance with the policies of the University System of Georgia, including, without limitation, Policy 8.2.18.2.4 (“Institution Guidelines for Faculty Outside Consulting”) and 8.2.18.4 (“Gratuities”), KSU’s Office of Fiscal Services has adopted the following guidelines for honorariums.
- Definition. An honorarium is a one-time payment to an individual in recognition of a special or distinguished short-term service for which no fee has been set or agreed upon in advance. It can be a “thank you” to a guest speaker or performer who, at no charge to KSU, makes a presentation and does not expect payment. Additionally, any payment in recognition of these services typically forbids a price to be set.
- $2,500 Limit. Honorarium payments may not be greater than $2,500 (excluding travel expenses paid along with the honorarium).
- Prohibited Uses. Honorarium payments may not be made in the following situations:
- The guest is an employee of any University System of Georgia institution (or the University System of Georgia itself) or an existing KSU vendor or contractor
- The anticipated honorarium, (excluding reimbursed travel expenses), exceeds $2,500
- The individual or entity providing the service requires KSU to sign an agreement (including quotes or letters of intent) of any kind
- The guest is providing independent contractor services
- Honorarium payments may not be used as payments for goods
If you are seeking to make payment in any of the above scenarios, contact your Business Manager for assistance.
If you meet the guidelines above and will be paying an honorarium, be sure to start the below process well in advance of the planned arrival of the guest, as it may take some time to get everything set up.
- Complete thesupplier registration process prior to the speaker being on campus. After the conclusion of the event, complete a Payment Request for the honorarium amount and attach documentation of the event (flyers, emails, etc.). By submitting a Payment Request, you are verifying that the guest is not a USG employee. Please note: Guests who are staff employees of the University System of Georgia or any of its institutions are not eligible to receive an honorarium. Please see the “What kind of agreement do I need?” job aid and follow the appropriate process to contract with the guest. Confirm the employment status of the guest by using the “Company Directory” function in OneUSG and/or ask your guest to confirm their employment status.
- If travel expenses will be paid along with an honorarium, these expenses should be included with the honorarium and not reimbursed separately. These expenses are subject to USG and KSU policies regarding reimbursable expenses. Airfare and lodging for guests are allowable on University pay methods, such as P-Card or direct billing.
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Determination of Employee vs Independent Contractor (IC) Status:
There are several elements to consider in determining if a worker qualifies for Independent Contractor status. Below are a few key factors to consider. Should you have any uncertainty, please contact HR at compreview@kennesaw.edu for guidance.
- Is the worker a former employee of KSU? If yes, the time since termination of employment must be taken into account when determining IC status. Please contact compreview@kennesaw.edu for review.
- Is the worker a retiree of USG? If yes, per USG policy retirees cannot have IC status.
- Is the worker a current employee at another USG institution? If yes, they do not qualify for IC status. The Dual Appointment Assignment (DAA) process may be reviewed. Please contact KSU’s DAA Coordinator at hr@kennesaw.edu.
- Do the services to be provided meet the key factors of independent contractor status?
- Control and independence: The level of control a business has over how and when a worker performs their tasks. Independent contractors typically have more freedom in choosing how they complete their work. Consider whether the proposed individual contractor gets to dictate how and when they do their work.
- Financial Investment: Independent contractors often invest in their own tools, equipment, and resources, whereas employees are generally provided with the necessary tools by their employer.
- Relationship Type: Independent contractors usually have a project-based, temporary relationship with clients, whereas employees have an ongoing, continuous work arrangement.
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Types of Independent Contractor Agreements and Processes
Once the Independent Contractor status is verified, the next step is to determine what kind of agreement is needed. The What Kind of Agreement Do I Need job aid was created to help navigate this review and determination. In accordance with the Contract Approval and Signature Authority policy, contracts must be reviewed and approved through the KSU Contract Management System (CMS) before signature. Not all agreements require uploading into the CMS for review – please see the list of exceptions.
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Guidelines for Unpaid Speakers at Kennesaw State University
To enhance the academic experience of our students, unpaid speakers may be invited to contribute to the educational content of KSU courses and programs. The Guidelines for Unpaid Speakers at Kennesaw State University outlines the requirements and expectations of unpaid speakers.
The department’s point of contact for the unpaid speaker must ensure the unpaid speaker is provided the Guidelines and any questions answered.
