[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"detail-sidebar-cat-1-en-105":3,"doc-seo-303139-105":53,"doc-detail-303139-en":126},{"code":4,"msg":5,"data":6},0,"success",[7,14,19,24,29,34,39,44,49],{"id":8,"doc_module":9,"doc_module_name":10,"category_name":11,"show_sort_weight":12,"slug":13},11,1,"Template","Presentations",90,"presentations",{"id":15,"doc_module":9,"doc_module_name":10,"category_name":16,"show_sort_weight":17,"slug":18},12,"Resumes",80,"resumes",{"id":20,"doc_module":9,"doc_module_name":10,"category_name":21,"show_sort_weight":22,"slug":23},14,"Invoices",70,"invoices",{"id":25,"doc_module":9,"doc_module_name":10,"category_name":26,"show_sort_weight":27,"slug":28},15,"Posters",60,"posters",{"id":30,"doc_module":9,"doc_module_name":10,"category_name":31,"show_sort_weight":32,"slug":33},16,"Social Media",50,"social-media",{"id":35,"doc_module":9,"doc_module_name":10,"category_name":36,"show_sort_weight":37,"slug":38},17,"Forms",40,"forms",{"id":40,"doc_module":9,"doc_module_name":10,"category_name":41,"show_sort_weight":42,"slug":43},18,"Letters",30,"letters",{"id":45,"doc_module":9,"doc_module_name":10,"category_name":46,"show_sort_weight":47,"slug":48},21,"Paper Templates",5,"papers-templates",{"id":50,"doc_module":9,"doc_module_name":10,"category_name":51,"show_sort_weight":4,"slug":52},158,"General","general-158",{"code":4,"msg":54,"data":55},"ok",{"site_id":56,"language":57,"slug":58,"title":59,"keywords":60,"description":61,"schema_data":62,"social_meta":119,"head_meta":121,"extra_data":123,"updated_unix":125},105,"en","home-care-independent-contractor-classification-in-new-mexico-fact-sheet-june-2018","Home Care Independent Contractor Classification in New Mexico - FACT SHEET - JUNE 2018","","Explains how New Mexico home care workers are commonly misclassified and why correct classification matters for legal protections and fair competition. Describes key differences between independent contractor (1099) and employee (W-2) status, including taxes, reporting burdens, wage and hour protections, injury compensation, unemployment insurance, and anti-discrimination safeguards. Provides questions workers can ask employers, outlines “right to control” for workers’ compensation eligibility, and notes a disputed domestic servant exclusion.",{"@graph":63,"@context":118},[64,80,101],{"@type":65,"itemListElement":66},"BreadcrumbList",[67,71,74,77],{"item":68,"name":69,"@type":70,"position":9},"https://docshare.wps.com","Home","ListItem",{"item":72,"name":10,"@type":70,"position":73},"https://docshare.wps.com/template/",2,{"item":75,"name":36,"@type":70,"position":76},"https://docshare.wps.com/template/forms/",3,{"item":78,"name":59,"@type":70,"position":79},"https://docshare.wps.com/template/home-care-independent-contractor-classification-in-new-mexico-fact-sheet-june-2018/303139/",4,{"url":78,"name":59,"@type":81,"image":82,"author":87,"headline":59,"publisher":90,"fileFormat":93,"inLanguage":57,"description":61,"dateModified":94,"datePublished":95,"encodingFormat":93,"isAccessibleForFree":96,"interactionStatistic":97},"DigitalDocument",{"url":83,"@type":84,"width":85,"height":86},"https://docshare.wps.com/thumbnails/home-care-independent-contractor-classification-in-new-mexico-fact-sheet-june-2018/303139.png","ImageObject",442,249,{"name":88,"@type":89},"Lucas Vance","Person",{"url":68,"name":91,"@type":92},"DocShare","Organization","application/pdf","2026-10-02","2026-09-19",true,{"@type":98,"interactionType":99,"userInteractionCount":73},"InteractionCounter",{"@type":100},"ViewAction",{"@type":102,"mainEntity":103},"FAQPage",[104,110,114],{"name":105,"@type":106,"acceptedAnswer":107},"Why is correct worker classification important for home care workers in New Mexico?","Question",{"text":108,"@type":109},"Correct classification helps secure legal protections and ensures fair competition. Misclassification as independent contractors can deny basic workplace rights and benefits.","Answer",{"name":111,"@type":106,"acceptedAnswer":112},"What are the main consequences of being classified as a 1099 independent contractor instead of a W-2 employee?",{"text":113,"@type":109},"A 1099 worker generally pays both employer and employee sides of FICA and FUTA, must handle estimated quarterly taxes and self-employment deductions, and is not entitled to minimum wage/overtime, injury compensation, unemployment insurance for involuntary job loss, or protection against discrimination.",{"name":115,"@type":106,"acceptedAnswer":116},"How is eligibility for workers’ compensation benefits determined under New Mexico law?",{"text":117,"@type":109},"Eligibility uses the “right to control” test, where a worker is an employee if the employer controls not only results but also the details of how the work is performed or the methods used.","https://schema.org",{"og:url":78,"og:type":120,"og:title":59,"og:site_name":91,"og:description":61},"article",{"robots":122,"canonical":78},"index,follow",{"doc_id":124,"site_id":56},303139,1790914194,{"code":4,"msg":5,"data":127},{"doc_id":124,"user_id":128,"nickname":88,"user_avatar":129,"doc_module":9,"category_id":35,"category_name":36,"doc_title":59,"doc_description":61,"doc_content":130,"file_id":131,"file_url":132,"file_type":133,"file_size":134,"view_count":79,"is_deleted":4,"is_public":9,"is_downloadable":9,"audit_status":9,"page_count":79,"language":135,"language_code":57,"site_id":56,"html_lang":57,"table_of_contents":136,"faqs":137,"seo_title":138,"seo_description":61,"update_tm":139,"read_time":73},549768064622,"https://ap-avatar.wpscdn.com/davatar_6f874abed73319feea01a86fa6f0fab8","Home Care Independent Contractor Classification in New Mexico  \nCorrect classification of workers as employees is key to securing their legal protections and ensuring fair competition by law-abiding businesses. Rarely are home care workers really running an independent business, despite many job structures that purport them to be.  \nNew Mexico Home Care Workers and Misclassification  \nFACT SHEET | JUNE 2018  \nNew Mexico home care workers help to ensure older adults and people with disabilities can remain independent and living within the community. They provide valuable services and supports, often earning low wages and facing challenging working conditions.  \nPersonal care and home care services are seldom performed by individual independent businesses, but some private home care agencies may mislabel their employees“independent contractors” and deny them basic workplace protections and benefits. In reality, home care workers perform work that is an integral part of a home care agency’s business, but do not invest capital in a business, and generally have little, if any, ability to set their duties, hours and wages, (as true independent contractors would) . Agencies and other entities maintain the ability to intervene if the level of services provided does not meet expectations and they typically interact with the consumers to recover payments and set up the care or services needed.  \nImplications and consequences of 1099 (independent contractor) status  \nBeing classified as an independent contractor has many consequences. If a home care  \nworker is an independent contractor, she is considered to be running her own business and  \nthis means she:  \n􀁸 Is responsible for paying the employer-and employee-side of FICA and FUTA, currently 15.3% of pay, along with income tax. W2 employees, in contrast, pay only half of that rate, 7.65% . For someone making $12.58 per hour, after FICA and FUTA alone, the hourly wage would fall to $10.66. There are also additional state and federal administrative tax and reporting burdens placedon any worker running her own business, including payment of the gross receipts tax in New Mexico.  \n􀁸 Must pay estimated taxes for her business on a quarterly basis in addition to filing an annual return, and figure out individualized self-employment tax deductions and credits.  \n􀁸 Is not entitled to the protections of minimum wage or overtime pay, compensation for on-the-job injuries, unemployment insurance if she loses her job involuntarily, or protection against discrimination.  \nA 1099 form is the form that the IRS requires businesses to use to report payment for services of non-employees.  \nTo all other workers who are regular employees, businesses must issue a W-2 form and make proper payroll withholdings for each tax year.  \n1  \nNELP & NMDCC & NMCLP | Home Care Independent Contractor Classification in New Mexico | June 2018  \nThe home care agency’s classification is not the final word  \nHome care workers should rarely, if ever, be classified as independent contractors. Only workers who are truly in business for themselves should be classified as independent contractors. Workers who are paid an hourly wage to provide services through an entity, such as a home care agency, should generally be classified as employees. Many federal courts have found that agencies violate wage and hour law when they misclassify home care workers as independent contractors.1 The factors that courts consider can be found below (“How do I know if I’m misclassified?”) . If an agency misclassifies a home care worker as an independent contractor, she can challenge her status and try to enforce her rights as an employee. She can also ask an agency how it plans to treat workers before applying for a job.  \nQuestions home care workers can ask when seeking employment  \nGiven the important consequences of being classified as an independent contractor, home care workers should find out as much as possible about classification prior to a","cbCainbZ7Q2mtNHn","https://ap.wps.com/l/cbCainbZ7Q2mtNHn","pdf",332839,"English","# New Mexico Home Care Workers and Misclassification\n## Implications and consequences of 1099 (independent contractor) status\n## The home care agency’s classification is not the final word\n## Questions home care workers can ask when seeking employment\n## Eligibility for workers’ compensation benefits","[{\"question\":\"Why is correct worker classification important for home care workers in New Mexico?\",\"answer\":\"Correct classification helps secure legal protections and ensures fair competition. Misclassification as independent contractors can deny basic workplace rights and benefits.\"},{\"question\":\"What are the main consequences of being classified as a 1099 independent contractor instead of a W-2 employee?\",\"answer\":\"A 1099 worker generally pays both employer and employee sides of FICA and FUTA, must handle estimated quarterly taxes and self-employment deductions, and is not entitled to minimum wage/overtime, injury compensation, unemployment insurance for involuntary job loss, or protection against discrimination.\"},{\"question\":\"How is eligibility for workers’ compensation benefits determined under New Mexico law?\",\"answer\":\"Eligibility uses the “right to control” test, where a worker is an employee if the employer controls not only results but also the details of how the work is performed or the methods used.\"}]","Home Care Independent Contractor Classification in New Mexico - FACT SHEET - JUNE 2018 | PDF",1789800054]