Media Sales Representatives
Media sales representatives are independent contractors if the representative:
- Is a contractor engaged in the sale or renewal of magazine advertising space;
- Has income based upon sales/services and not on the number of hours worked;
- Is incorporated and shall be solely liable for payment of workers' compensation premiums;
- Has entered into a written contract (not entered into under duress) that outlines the services that Media Sales Representative will perform. This contract must include the following statements:
The media sales representative:
- Shall not be treated as an employee for State and Federal tax purposes;
- Can work any hours they choose subject to restrictions in the New York State Business Law;
- Can work at any site other than on the premises of the person for whom the services are performed;
- Incurs his/her own expenses other than those outlined in the written contract; and
- Is able to terminate the contract with two weeks notice given to the person for whom the services are performed.
For a complete description of the written contract requirements, refer to WCL §201.