Independent Contractor (Self-Employed) or Employee?

You are wrong. While there may be conditions where a field archaeologist preforms their work in the manner of an independent contractor, these are so extremely scarce as to be almost not worth talking about. The vast, vast, vast majority of jobs that field archaeologists are hired for, clearly, without a doubt, fall under the category of Employee. It is illegal to categorize a worker as an independent contractor when they are an employee.

Some of the criteria that are used to distinguish independent contractors from employees could go either way for field archaeologists, but in aggregate, they unambiguously fall into the Employee category. Field archaeologists almost always work under the direct supervision of another, they are not in charge of deciding how the work is completed, and they do not set their schedules. They do not decide when and where they work. They do not hire assistants. While they may supply some personal equipment, they are generally not required to provide and purchase supplies. They are usually directed in how to do all aspects of their work.

If a field archaeologist is hired to work on a project doing pedestrian survey, shovel probe survey, evaluative test excavations, data recovery excavation or laboratory work then it is nearly impossible that they could be independent contractor because they are not independent. Their actions are directed. They are employees.

It has nothing to do with signing a contract.

It has nothing to do with a specific task.

It is not the workers decision. It is a decision based principally on the behavior of the worker and how that work is controlled.

Field archaeologists:  I am not saying never enter into one of these agreements or that there is no instance where you may, in fact, be a true independent contractor. But the conditions in which they are truly beneficial to you are rare, rare, rare. Be very, very cautious of entering into an independent contractor relationship with a CRM company or government agency. Companies/agencies do this so that they are not responsible for payroll taxes and other employee-related costs and tasks. Remember, these costs do not only included payroll taxes, but the in-house cost for bookkeeping and reporting this information. Reputable companies/agencies do not hire field archaeologists as independent contractors.  

I would rather be an employee vs a contractor any day if the company doesn’t pony up what it actually costs to be an independent contractor. 

Say you think your skills are worth $20 an hour plus benefits which is very low as a Field Archaeologist. 

Then as a contractor you would need $20 an hour, plus FICA of 15.3 percent, plus 10 percent to buy health insurance, another 10 percent for overhead or maybe put in IRA so you would want $27.06 an hour minimum.  Plus as a contractor you will need to be rein-busted on POV mileage, motels stays away from where you live and per-diem at a decent rate. 

What people forget when they are self-employed is the IRS wants their FICA (Social Security plus Medicare) taxes quarterly throughout the year.  You don’t get to pay these taxes on April 15^th like a employee does (but the full amount that the employer would pay and you usually its 50/50) because you are considered a business so if you make $40,000 per year but $10,000 every three month you would have to write the US treasury a check for these taxes of $1,530.00 on March 30th, June 30th, September 30th, and December 30th.  Then on April 15^th you will have to do the long form file your taxes and try to get a refund or maybe find out you owe some more taxes to the states you worked in.  If you miss by not paying enough each quarter on the federal return then on April 15^th you will get a penalty as well.  Its fun to pay taxes a do creative ways to take write-offs.

If you contract out figure out what your skills are worth off the GSA wage list for an archaeologist and be smart. https://www.gsaadvantage.gov/ref_text/GS10F0224P/GS10F0224P_online.htm

Most companies you work for that is how they value your skills and make $$$ money when they hire you at $15 per hour and send you out on a project for a client.  Below is how much a skill is worth at one CRM firm off the GSA wage list web site.  Even these rates are low might be an old list.

    Project Administrator – $80.76/hour

    Principal Investigator – $80.76/hour

    Project Director – $56.27/hour

    Project Archaeologist – $52.60/hour

    Asst. Crew Supervisor – $42.32/hour

    Field/Lab Archaeologist – $40.18/hour

    Laboratory Supervisor – $52.60/hour

    Asst. Lab Supervisor – $42.32/hour

    GIS/Graphics Director – $52.54/hour

    GIS/Graphics Specialist – $43.20/hour

    Office Manager – $48.14/hour

    Production (Office) Assistant – $31.20/hour

    Copy Editor – $48.01/hour

1.       Yes, field archaeologists are hired as independent contractors. It does happen. This does not make it legal or right.  

2.       Hiring field archaeologists as independent contractors is illegal, because it is nearly always an intentional miss categorization of the worker and what that worker is doing. The employer knows what they are doing and they are knowingly breaking the law.

3.       An independent contractor does not enjoy the same labor protections as an employee and is not covered by unemployment insurance.   

4.       Moreover, companies that do this are putting the worker and themselves at risk. This is because worker comp insurance is, in part, insurance protection for the employer as well as the employee. If the employer is sleazy enough to avoid workers comp then it is highly likely they are avoiding the other types of insurance they would need to cover independent contractors in case of injury.

5.       It is nearly impossible that a field archaeologist is actually preforming a task in the manner of an independent contractor if they are doing any type of survey, monitoring, excavation or lab work.  Nearly impossible. 

6.       It is a (one among many) sleazy way to treat field archaeologist.

If you have been hired as an independent contractor or you know a company that does this, I urge you to report the company or government agency. You can google it, talk to an attorney or start with the link below for help. Or call your state department of labor or state department of revenue.    

http://dpeaflcio.org/wp-content/uploads/State-Resources-for-Misclassified-Workers-September-2014.pdf

I will say this again:

Reputable companies and government agencies do NOT hire field archeologists are independent contractors.