Contingent Workers

For the definitions of the different types of Contingent Workers, refer to the Employee/Non-Employee Classification Policy.

Employing Contingent Workers allows us to complete certain projects that can’t be completed with hiring full or part time staff.  Internal Revenue Service (IRS) and Department of Labor (DOL) regulations require documentation regarding how Contingent Workers are paid. Failure to document and follow those regulations may result in fines and censures from auditors and the IRS. 

Pre-Step

• A Consultant is paid by a 3rd-party.
• To see if the worker qualifies as an Independent Contractor, take the IRS Independent Contractor Test below.
• A Volunteer is not paid. 
• If your worker needs a Marymount ID badge or a marymount.edu email address they will need to be set up in Workday

Step 1

Creating a Position for a Contingent Worker will only be performed by Human Resources.  Email hr@marymount.edu your request and be prepared to attach documentation for a:

• Consultant – The 3rd party vendor’s information and contracted dates.
• Independent Contractor – Independent Contractor Form including Exhibit A Scope of Work.  
• Volunteer – Volunteer Agreement Form. 

Human Resources will review and decide the classification for an employee versus a non-employee and respond with a Position number if appropriate.

Step 2

• Workday: In the Search Bar, type Contract Contingent Worker
• Pre Hire:  If this is a former worker use Existing Pre-Hire
• Add Name
• Add Contact Information – required phone number, address and email address
• Job Details
  • Start date
  • Position # from Human Resources
  • Contingent Worker Type: Choose Consultant, Contractor or Volunteer
  • Job Profile:  Choose Contingent #00140
• Contract Details
  • If an Independent Contractor click the box and skip this section
  • If a Consultant, enter the Supplier Information
    • If you need to create a supplier, in the Workday Search bar type Create Supplier
• Attachments:
  • If Contractor: attach a completed W9 and have the contractor send ACH banking information directly to procure@marymout.edu on their company letterhead, financial banking institution’s correspondence, or a voided check.
  • If Consultant: attach the 3rd party contract
  • If Volunteer: attach the Volunteer Agreement

Background Screening

If the Contingent Worker is serving in sensitive positions or on-campus locations, a Criminal Record Screening is required.  Refer to Background Screening Policy.

Independent Contractor Test

This form is used to determine IRS classification.

Independent Contractor Test	Yes	No
Is the Contractor self-employed in an established trade, occupation, profession or business that makes the same services available to other clients and businesses on a regular or consistent basis?
Is the Contractor not a current employee of Marymount University; and was not an employee in the last six months providing a related service?
Will the Contractor be providing services which are not similar to those currently being provided or which can be provided by any University employee(s)?
Will the Contractor be providing services, which are not performed on a full time, regularly, occurring or continuing basis at the University?
Is the Contractor free from the University’s control or direction in the performance of the service? The University has the right to control only the outcome, while the individual will be responsible for determining means and methods used to perform services.
Is the Contractor paid on the basis of a completed project or on a basis consistent with other independent contractors in the same trade, occupation, profession or business?
Is the Contractor setting priorities on the amount of effort and hours of work, to accomplish the required services within a stated time frame?
Is the Contractor responsible for furnishing the knowledge, or space, supplies, equipment and/or tools necessary to perform the service, responsible for covering the expenses associated with the service, and entitled to the resulting profit or loss?
The Contractor is receiving no training, supervision, or instruction from the University, other than conveying the scope of service desired.

If you answered No to any question, the person needs to be hired as an Employee.  Follow the process to Create a Position for an Employee.