This is called Worker Classification, or as the IRS refers to it, Mis-classification: "Is this the best way for her vs being an Independent Contractor?"
That is a Legal issue, per the tasks, resources, control and requirements. You need to ask your own State Department of Labor, perhaps your own Lawyer. No one here knows your business or what that person will be doing. For instance, I am an Independent Contractor; No One controls my time, my work schedule, no one provides me with tools, my own computer is at risk of not working today, I buy all my own software, office supplies, pay for the internet, etc. And I don't work for you on a Routine basis. You are not my supervisor when you contract with me.