Thanks.
I think I'll have the custodians sign a "subcontractor" agreement, which starts off by saying that they understand that they are being hired as a subcontractor. It goes on to say that they are to bill us for work done. In cases where some subcontractors are not equipped to create bills, I make one up for them to sign before issuing the checks.
I don't know if it'll cover us, but I can't see someone signing a subcontactor agreement, and billing us, suddenly thinking "wait, I think I'm an employee".
We have the option of hiring subcontractors through a temp agency, who pays them minimum wage, a little over $7/hour, and charge us $10.00 to $11.00/hour. We pay 1099 custodians a bit over $10.00 an hour, so it's not even a matter of a major cost difference.
The big factor that worries me is I notice is people doing custodial work through temp agencies are often parolees. The 1099 guys we hire locally, we know who they are, and feel pretty safe.
My other issue with paying someone as an employee for temporary work is we pay "unemployment insurance", whose rates goes up if we hire someone temporary, we pay the UI premiums, then he goes on to collect UI afterwards. That drives our rates up. And I don't know enough about UI law here in NY to say we can contest things by saying this person can't collect because he knew he was hired temporary. But, I beleive I still have to pay UI for W-2 workers even if he doesn't plan to collect.

