Should My Dancers Be on Payroll?
Legal Implications of Payroll Employees
From the perspective of the New York Department of Labor, if you are a dance company and are dictating when and where your dancers are performing their services, those individuals are considered employees in the eyes of New York State. If your dancers are employees, then they are on your company’s payroll and are receiving a W2 form from you. Learn more about employees versus independent contractors here. Other states have similar definitions, and we urge you to check your local state’s Department of Labors definitions. If found non-compliant, you may be subject to back taxes and penalties. Pentacle/Dance Works inc. is strictly trying to provide as wide a range of advise as possible. Laws and regulations vary from state to state and none of this should be taken as legal advice. If you are worried about paying dancers as 1099 contractors and would like more intentional advice, it’s advised to seek the guidance of a lawyer in your state.
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