From what I have been reading from Tom Copeland's book, in 9 out of 10 cases, assistants are employees not independent contractors and should be paid as such. There were very few exceptions.
Well...I'm restructuring my business and having her be 50/50 partner with me since that is how we do it anyway. Costing me money to do it with my lawyer but I'd rather have it done right and it will be cheaper in the long run!
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