[Olderguy]

You are incorrect - NY Labor Law states that a commission only individual must have a written agreement in place.

https://www.workingnowandthen.com/ne...k-commissions/

An employer would issue a W2 if they are withholding taxes, matching Social Security & Medicare Taxes.

Best Option, is to consult with a Labor Attorney to cover all of the bases.

Draw against commission will still be W-2 and min wage.

[Yankeeman07]

Draw against commission will still be W-2 and min wage.

Draw against commission will still be W-2 and min wage.

You are still incorrect - I can pay commission and offer a "draw" - but make the sales rep responsible for their own taxes.
I would issue a 1099 MISC Income at the end of the year. Think of Real Estate Agents - MFG Rep, the devil is in the details.

If I decide to deduct SS-Medicare Taxes, State Income Tax (If a State has such Tax) that would require a W-2

[Olderguy]

Draw against commission will still be W-2 and min wage.

You are still incorrect - I can pay commission and offer a "draw" - but make the sales rep responsible for their own taxes.
I would issue a 1099 MISC Income at the end of the year. Think of Real Estate Agents - MFG Rep, the devil is in the details.

If I decide to deduct SS-Medicare Taxes, State Income Tax (If a State has such Tax) that would require a W-2

If you do that you can't have them work in an office, they will be a contractor...and the original poster said work in office. If they choose their own hours and work where they want then yes that's true.

[abcloser]

If you do that you can't have them work in an office, they will be a contractor...and the original poster said work in office. If they choose their own hours and work where they want then yes that's true.

What if you "offer" the office as a work space for the contractors to get the task done, in this case cold calling etc

[Olderguy]

What if you "offer" the office as a work space for the contractors to get the task done, in this case cold calling etc

You can do that but they have to be able to work anywhere and choose their own hours to be a true contractor and be paid 1099.

[mistamca]

You can do that but they have to be able to work anywhere and choose their own hours to be a true contractor and be paid 1099.

I didn't know that you were an employment attorney. While I am against 1099 for sales reps for a few reasons, you can 1099 a sales rep and they can be in the office.

Out of curiosity, how many employees do you have? How much have you spent on a legal opinion for your hiring strategy?

[Olderguy]

I didn't know that you were an employment attorney. While I am against 1099 for sales reps for a few reasons, you can 1099 a sales rep and they can be in the office.

Out of curiosity, how many employees do you have? How much have you spent on a legal opinion for your hiring strategy?

You can work in an office and be 1099. You just can't make them work hours designated by you...they can pick when and where they want to work.