When to Hire Your First Employee vs. a Contractor
Your business is getting busier. You're turning down jobs or working 60-hour weeks. You need help. But should you bring someone on as an employee or hire them as a contractor? The decision affects your taxes, your legal liability, and how much control you have over your work.
The key difference: control
The IRS uses "control" as the primary test for whether someone is an employee or contractor:
- Employee: You control how the work is done, when, with what tools, in what way, and on what schedule.
- Contractor: You control only the result of the work — not how, when, or with what tools they accomplish it.
True cost comparison
| Cost item | Employee (W-2) | Contractor (1099) |
|---|---|---|
| Hourly pay | $20/hr | $20–$30/hr (typically higher) |
| Payroll taxes (employer side) | +7.65% | $0 |
| Workers' compensation | Required (varies) | They carry their own |
| Unemployment insurance | Required | $0 |
| Benefits (health, PTO) | Optional but expected | $0 |
| Your admin burden | Payroll software, W-2s | Track payments, send 1099 |
When to hire an employee
- You need someone on a regular, predictable schedule
- You want to train them specifically to your methods and quality standards
- The work requires using your tools and equipment
- You want to build a team with company culture and retention
- The role is expected to be ongoing, not project-based
When to hire a contractor
- You need help for a specific project or season
- They have their own tools, methods, and other clients
- You need a specialized skill for a short period
- You're not ready for the overhead of payroll
- The work is genuinely project-based, not ongoing
Checklist before your first hire
- Set up payroll software (Gusto is popular for small businesses)
- Get workers' compensation insurance (required for employees in most states)
- Obtain an EIN if you don't have one
- Register with your state for payroll tax withholding
- Have new hire complete W-4 and I-9 forms
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Disclaimer: This guide is for informational purposes only and is not legal, tax, or insurance advice. Always verify specifics with a licensed professional in your state.