Hiring Past District Employees as Independent Contractors
Who Completes This Task: Clerks, School/Program Administrators
Timeframe: One to two weeks
A special process must be followed when hiring a former district employee as an independent contractor.
- Independent contractor candidate is a former district employee
- Before negotiating the fee or allowing services to be performed, follow the guidance on the Human Resources page Hiring a Consultant.
Why This Is Important
- It’s the law (see Fair Labor Standards Act, Minn. Statutes 176.021, Minn. Administrative Rule 5224.0340, Minn. Statutes 5224, IRC 3509)
- Misclassification can deny employees benefits and protections they are entitled to
- SPPS must prevent violations of labor laws, labor agreements, and conflicts of interest
- Ensures taxes are properly collected