Independent Contractor

Most individuals performing services for the University are employees. However, individuals or businesses who meet certain requirements may be classified as independent contractors. Independent contractor status is determined based on applicable legal guidelines, including factors related to behavioral control, financial control, and the nature of the working relationship.

The University contracts work externally when the services required are not available within the expertise, capacity, or operational scope of its regular employees. Current BYU-Idaho employees, including faculty, staff, administrators, and student employees, are not eligible to be paid as independent contractors while employed by the University. All independent contractor agreements must be processed through the Procurement Office.

1. Determining Independent Contractor Status

A significant factor in deciding independent contractor status is whether they are a current faculty, staff, administrator, or student employee of the University. Departments with questions regarding proper classification should consult Human Resources before engaging the individual.

If an individual does not qualify as an independent contractor, they must be hired through Human Resources following current hiring practices. The following categories of individuals or firms and types of services are generally qualified to serve as independent contractors (who are not faculty, staff, or student employees):

• Test Proctors
• Consultants
• Sports Officials
• Dance Judges
• Horse Trimming Services (must operate a business and use their own tools)
• Speakers and Presenters (non-credit instruction)
• Entertainment (short-term engagement)
• Artists
• Professional Photography (short-term engagement)
• Student Teacher Supervisors
• Mentor Teachers
• Student Teacher Coordinators (who are not University employees)
• Market research conducted by off-campus businesses
• Other qualifying services

2. Payment Requests

The Supplier Request form in Workday should be used to request the assistance of the Procurement, Travel and Contract Services Department to help with business processes, negotiating and contracting for independent contractor services.

For one-time payments for supplies or goods under $3,500, a completed Supplier Request form in Workday and Form W-9 must be submitted with appropriate approvals. Recurring payments must be arranged through the Procurement, Travel and Contract

Services Department.

Payments totaling $2,000 or more during a calendar year may be reportable to the IRS on Form 1099.

3. Travel Payments to Independent Contractors

Travel arrangements are generally part of the independent contractor agreement. The Procurement and Travel office will assist with those arrangements.