![]() ![]() Step 1: School or Unit Must Make a Request to Add Prospective Independent Contractor to i-Buy NYU Where OSP classifies the Individual as a prospective Independent Contractor, OSP will inform the School or Unit (with copy to Procurement) that it should proceed through the steps outlined in this Policy before the Individual may commence work. Pre-Step 1 (Sponsored Projects): Where an Individual will be performing work on sponsored projects managed by NYU’s Office of Sponsored Programs (“OSP”), the School or Unit must first, before proceeding to Step 1 below, email OSP at OSP will then review the proposed work and determine, in accordance with sponsored project guidelines, whether the Individual should be classified as a subrecipient (in which case this Policy would not apply), or as a prospective Independent Contractor (in which case this Policy would apply). (This section does not apply to Honorarium recipients for such arrangements, please see Section II below.) RETAINING INDEPENDENT CONTRACTORS (OTHER THAN HONORARIA RECIPIENTS)īefore a School or Unit may retain an Independent Contractor, the parties must abide by the following step-by-step process, as applicable. A University employee must disclose to the Office of Compliance and Risk Management (“Compliance”) if any Member of the Same Family or Household will be or is: (i) providing any services to the University as an Independent Contractor (as those services are defined in Article I below) or (ii) receiving an Honorarium (as defined in Article II below) from the School or Unit in which the employee is employed. ![]() *A University employee may not retain or oversee any Individual who will be providing services to the University under a Covered Arrangement where that Individual is a Member of the Same Family or Household as the employee. Member of the Same Family or Household: is defined, for purposes of this Policy, as a spouse or domestic partner or person in a civil union or similar relationship, dependent children, and any other family members residing in the same household as a University employee.* Individual: is defined, for purposes of this Policy, as any person or any organization composed of no more than one person, including a sole proprietor or single-member LLC. Independent Contractors are not employees of the University and, therefore, are not eligible for employee benefits or recognition programs, or for titles reserved for employees. Payment for Independent Contractor services shall be reported to the IRS on a Form 1099 (not a W-2). Independent Contractor: is defined, for purposes of this Policy, as an Individual who provides NYU with services for payment, in a capacity other than as an employee, and in such a manner that otherwise satisfies the criteria for classification under this Policy and applicable law. I-Buy NYU: is defined as the University’s requisitioning, invoicing, and payment system for goods and services. Please consult the applicable sponsor guidelines. When prohibited by a federal, state, or city agency (e.g., NIH), such costs must not be charged directly or indirectly to a sponsored account. The University requires that such expenses be reasonable and made under conditions or circumstances that do not create a significant likelihood for the gesture to be deemed a “disguised” payment. Honorarium: is defined, for purposes of this Policy, as University funds that may be used for a payment or item presented as a gesture of good will or in appreciation of efforts and time given by individuals to the University, such as a guest lecturer or a speaker from outside the University. ![]() For Covered Arrangements performed or taking place outside of New York, the District of Columbia, or California, please consult with Procurement and/or the Office of General Counsel for the appropriate process and procedures. This Policy applies to Covered Arrangements performed or taking place in the United States. ((I)-(III) collectively, “Covered Arrangements.”) To Whom the Policy Applies This Policy of New York University (“NYU” or the “University”) sets forth the following processes and procedures when: (I) retaining Independent Contractors (II) awarding Honoraria and (III) reimbursing guests for out-of-pocket expenses for meals, travel, and lodging incurred in connection with their visit to the University (hereinafter, “Guest Expense Reimbursement”). Independent Contractor, Honorarium, and Guest Expense Reimbursement Policy and Procedure (PDF). ![]()
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