August 21, 2024
August 21, 2024

It’s go time. You’ve set your objectives. Mapped out your strategy. The only things left to do are find the people who can help you achieve your goals and set them to work. The good news is that you have options. You don’t necessarily have to go the traditional — and potentially time-consuming — route by hiring employees. Bringing on 1099 workers could be a better fit.
So how can you know for sure? Understanding the differences, and pros and cons between 1099 workers and W-2 employees is a good place to start. Once you do, you can make an informed decision about which type of worker you’ll hire, and avoid any surprise issues that could derail your progress down the line. You can also rest easy knowing that anyone you hire is properly classified and you’re in compliance with federal and state regulations.
After reading this blog, you’ll understand:
Let’s start at the beginning. First, we’ll explore the naming conventions we’ll use in this blog: a 1099 worker versus a W-2 employee.
Before we dive into the nitty gritty, let’s cover some terminology.
1099 workers are also known as independent contractors, contractors or freelancers. Throughout this post, we may use these terms interchangeably. But we’ll mostly use “1099 worker” to refer to any worker you don’t hire as an employee or pay a regular wage. Why? Because we’re going to get into some tax stuff. And the 1099 form is what you will use to report payments you’ve made to every contractor you hire.
Conversely, we’ll use “W-2” to describe workers that you hire and pay as part of a traditional, part- or full-time employment relationship. They’re commonly and simply called employees. And you’ll likely recognize the W-2 tax form because you distribute them every year.
Using tax forms to highlight the differences between workers may imply that the Internal Revenue Service (IRS) alone determines who’s who. And while they have their own criteria on what qualifies people as either a 1099 worker or W-2 employee, they aren’t the only agency to weigh in. The Department of Labor’s Wage and Hour Division (WHD) has their own standards. And both agencies have agreed to work together to improve and enforce compliance for properly classifying workers.
That’s because bona fide employees are eligible for certain protections under the Federal Labor Standards Act (FLSA) as well. Under the rule, nonexempt employees are entitled to minimum wage and overtime pay for any hours worked in excess of 40 in a workweek. That’s why getting it right is so important. Misclassified workers could land you in violation of labor laws and subject to noncompliance fines or litigation, in addition to IRS penalties.
In the next section, we’ll dive into the details from both agencies and explore the differences between workers through a federal lens. But it’s also important to check if your state or municipality — and each one your business operates in — has laws or guidance on worker classification.
Between the WHD and the IRS, information abounds when it comes to determining who is a 1099 worker versus a W-2 employee. But both agencies’ standards are built around one central idea: degree of control. The more control business owners have over when, where and how workers do their job, the more likely those workers are considered a W-2 employee under the law. On the other hand, if you define the scope of a project, but do not direct or control how or when the project is completed, you are likely dealing with a 1099 worker.
But that’s not all. Let’s take a look at some additional characteristics that differentiate the two.
Generally, 1099 workers are:
W-2 employees typically are:
While those lists hit the high notes, they’re not all-inclusive. They’re not prescriptive, either. Every employment situation is unique and no one characteristic establishes a worker’s status.
Is it better to hire 1099 workers or W-2 employees? To answer that question, you’ll have to think about what’s most important to you. Because both types of workers bring specific types of strategic advantages to the table. For example, hiring a 1099 worker can help you keep your costs in check overall. But, hiring an employee ensures you get the results you want, when and how you want them. Let’s take a look at some other advantages and disadvantages each type of worker provides:
Pros and cons of hiring 1099 workers
Let’s start with the good stuff. Hiring 1099 workers can give you a leg up in a few ways, because they:
Pose less of a legal risk: Earlier, we mentioned that W-2 employees are entitled to certain protections under the FLSA. As a result, employees who aren’t paid in accordance with those laws can pursue legal action against their employers. Employers who are found in violation can be liable for back wages, liquidated damages and penalties. Because 1099 workers aren’t employees, you don’t have to worry about following the letter of wage-and-hour law or suffering financial consequences for noncompliance.
Naturally, hiring a 1099 worker isn’t all sunshine and roses. There are some downsides too. Before you rush into an agreement with an independent contractor, ask yourself if you’re willing to deal with:
Pros and cons of hiring W-2 employees
The easiest way to understand the advantages and disadvantages of hiring W-2 employees is to think of the above section from the opposite perspective.
For example, hiring employees may cost you more over the long run, but you control the work they do, and when and how they do it. You can train them to complete tasks and projects the best way possible, and hold them accountable for the quality of their work.
Not only will you have more control over the work, you’ll have it over your team too. While it’s true that going the 1099 route allows you to hire only when you need help and keep your labor costs under control, flexibility will probably end there. Expanding your project’s scope, changing your goal or firing your contractor would require renegotiation. On the other hand, employees are easier to motivate when the project or task requires more time or effort than you originally planned. They’ll go the extra mile when the going gets tough. All you have to do is ask.
Lastly, hiring 1099 workers may free you from certain compliance requirements or minimize your legal risk. But it doesn’t mean you’re completely out of the woods. Because contractors aren’t covered by workers’ compensation benefits, if they are injured on the job, they can sue you and your business for damages.
When you’re deciding whether to hire 1099 workers or W-2 employees, take all of these factors into consideration. Weigh them carefully against the goals of your project and how you want to direct it. Once you’ve chosen the arrangement that best fits your needs, ensure you’re crossing your t’s and dotting your i’s when it comes to managing payroll and taxes for each type.
One of the biggest differences between 1099 workers and W-2 employees is your responsibility as an employer when it comes to payroll, taxes and reporting to the IRS.
Consider these tax tips if you hire 1099 workers
Contractors manage their own payroll tax withholdings and income tax reporting. But as someone who hires a 1099 worker, you’re not off the hook completely. Business owners still have a few things to do, like:
Certain types of payments may also require you to complete and submit form 1099-MISC. Check out IRS guidance for details.
Complete these tasks for W-2 employees
As a business owner, chances are you’re pretty familiar with this to-do list. But we’ll leave it here just in case. For W-2 employees, it’s important to:
Keep in mind that this list isn’t comprehensive. Based on state or local laws, you may need to check a few more boxes or fill out a couple more forms. When it comes to covering all of your bases, consulting an expert is probably your best bet.
Leveraging technology to make it all hassle-free isn’t a bad idea either.
You don’t have to go it alone
Often, the administrative work of hiring employees and managing payroll can take you away from the important work that really drives your small business forward. And keeping up with legal changes that can affect how you manage or pay your teams? Forget about it.
That’s why in this day and age, navigating it all with the right partner is key. Heartland’s Payroll+ solution makes guesswork a thing of the past. It automatically calculates how much employees should be paid each pay period by considering hourly rates and salaries as well as overtime.
You can also rely on the system to calculate, file and pay your payroll taxes to the appropriate agencies, saving you time and helping reduce the risk of penalties for late payments. Federal, state and local payroll taxes are automatically and accurately submitted. We’ll issue and file your W-2 and 1099, plus provide electronic copies for employees.
Lastly, Heartland’s HR solution makes complying with recordkeeping and other labor law requirements a breeze. Because their system is cloud-based, all employee and payroll records are automatically saved and secured. And their team will alert you to legal changes that could change how you manage payroll or your employees.
Best of all? It’s backed by an on-demand team of payroll and HR experts. Get one-on-one advice and support from certified professionals when you need to understand labor law, have a question about policy or want a different perspective.
Here’s the bottom line: Your goals and the work it takes to make them a reality are too important to leave to chance or a knee-jerk decision. The next time you need to hire, take a moment to consider the differences between 1099 workers and W-2 employees. Then, choose the best fit.
Tough Leaf has partnered with Heartland to bring certified small, local, and diverse firms access to flexible and easy-to-use payroll solutions.
Get monthly insights on sourcing, compliance, participation, and reporting — plus updates on what Tough Leaf is building and learning alongside owners, agencies, and GCs.