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Can I legally pay subcontractors hourly in IN and use 1099's? Another words if they are paid hourly are they legally defined as employees as opposed to sub-contractors?

I have been paying my subcontractors by the job for two years and using 1099's. I would like to begin paying them an hourly rate and still continue to use 1099's as opposed to starting to with hold taxes, pay workman's comp. etc. My subcontractor's are onboard with my decision. I just need to be sure of the legal aspects of doing so, as in what defines an employee or a subcontractor in terms of rate/unit etc. of pay. Thanks. 


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