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Workers' Compensation Board

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Media Sales Representatives

Media sales representatives are independent contractors if the representative:

  1. Is a contractor engaged in the sale or renewal of magazine advertising space;
  2. Has income based upon sales/services and not on the number of hours worked;
  3. Is incorporated and shall be solely liable for payment of workers' compensation premiums;
  4. 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[6].