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Is That Pet Sitter You’re Hiring An Independent Contractor or Employee? Find Out Here.

ic-employeeIt’s perhaps a pet sitter’s dream: to become so busy that you can no longer perform all the pet sitting jobs yourself.

What do you do? Hire another pet sitter to do the job for you.

However, it is imperative that you, pet sitting business owner, determine if the person you’re bringing on to do pet sitting jobs for your business is actually an independent contractor or an employee.


In order to make a proper determination, you must first analyze the business relationship you currently have with the person performing the pet sitting jobs.

The IRS, of course, will happily provide you with answers.

They provide specific categories you must use to help evaluate whether a pet sitter is an employee or an independent contractor.

The 3 Determining Factors are:

1) Behavioral

Behavioral control refers to the right of the business owner to direct or control how the work gets done.

In a typical office environment, it’s easy to see how an employer has every right to dictate when you come in to work and the exact manner in which you perform your job.

In the pet-sitting world, you’d have less control if you were dealing with an independent contractor. Legally, you cannot dictate how the work gets done. You can only provide the details of the job, such as client name, address and pet information.

The more instruction given, the more you start to fall into employer role.

The following elements all lean you towards employer:

  • When to do the work (“You must show up at 9am…”)
  • What tools to use (“Take this form and ask the client…”)
  • Where to purchase supplies (“Go get a 6-foot leash at the pet store on Main…”)

Surprisingly, training an individual suggests to the IRS that you want the job done in a specific manner. Hence, you’re an employer.

2) Financial

How you pay a pet sitter for performing a job can have a significant impact on whether that person is an employee or independent contractor.

Most often, an IC will have out-of-pocket expenses that are not reimbursed. For example, if your pet sitter bills you for gas and lunch money, you’re dealing with an employee.

An independent contractor will also understand that there is no guarantee of work or regular payment. Employees, on the hand, will usually receive a weekly salary.

Finally, an independent contractor has every right to solicit other avenues of work, including work from other pet sitting companies and other pet sitters.

3) Type of Relationship

The type of relationship you and your pet sitter have is the last way to help determine whether you have an employee or not.

First, you can look at written contracts between the two of you to help determine your relationship. Be forewarned that simply agreeing in writing that the person is working as an independent contractor does not make it so.

If you award your pet sitter with benefits such as insurance, paid vacation, sick days and a 401K option, you are more likely to be dealing with an employee.

Wrapping It Up

Past cases have proven that no one single factor alone can determine the type of business relationship you have with your pet sitter. But rather, a complete and thorough look into all aspects must be considered.

Take an honest look at the degree of supervision, direction and control you place over your pet sitter to get a good idea.

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. . .

Josh Cary is a respected and well sought-after speaker and business consultant within the professional pet care industry. Since 2009, having grown his own pet sitting business, Josh provides his industry with the tools, support, and resources to build and maintain a thriving and respected pet business.

With a strong focus on digital marketing, search engine optimization (SEO), and website development, Josh’s one mission is to help you Get Found First through a professional and effective website.

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This Post Has 25 Comments

  1. Hi Josh!
    I love the idea of IC’s, but am very nervous about the control issue. How can a pet sitter (me) use IC’s without training them AND insure that the job gets done to my standards, using my system etc? Do you do you own client consultations and then send the IC to do the sit? Any insight appreciated!

  2. Hi Josh!
    I love the idea of IC’s, but am very nervous about the control issue. How can a pet sitter (me) use IC’s without training them AND insure that the job gets done to my standards, using my system etc? Do you do you own client consultations and then send the IC to do the sit? Any insight appreciated!

  3. In addition to the concerns that Deb M. expressed, I am also concerned about liability insurance. I know that the IC should obtain their own insurance, but #1 – will they want to spend that amount of money, especially if they are not currently providing pet sitting services? and #2 – is it possible to cover them under my own insurance?

  4. Hi Deb,

    Great questions. There is certainly a fine line between 'controling' ICs, and it comes down to showing the IC what to do versus how to do it.

    You can assure that a job gets done to your standards simply by hiring the right person to begin with. This may sound easier said than done, but once you get a handle on how to find the best people to hire, you will have problem with the level of care provided.

    As far as client consultations… some pet sitters choose to go on the consultations with the IC (at least for the first few) so everyone is comfortable. Then when the IC is an old pro at things, you can send them on their own.

    I'm happy to answer any other Qs.

  5. Hey Trimmer,

    Let me address #2 first – some insurance policies DO cover your ICs. You will simply need to talk to your agent and see if your current policy covers ICs. If not, you'll need to add the appropriate coverage.

    You'll also want to make certain that your (or their) insurance covers for all potential situations. For example, in the pet sitters home (if you provide that service), in the car (for pet taxi services), overnights in the client's home and all the client's property and belongings.

    To answer #1 – if you require your ICs to purchase their own insurance (a few hundred dollars per year) and they do not want to, then they are simply not right for your team.

    If someone does not want to invest a small needed amount into their business (as the IC), this should be a red flag and you should continue your search for someone who wants to take it seriously.

    Hope this helps.

  6. Hi Deb,

    Great questions. There is certainly a fine line between 'controling' ICs, and it comes down to showing the IC what to do versus how to do it.

    You can assure that a job gets done to your standards simply by hiring the right person to begin with. This may sound easier said than done, but once you get a handle on how to find the best people to hire, you will have problem with the level of care provided.

    As far as client consultations… some pet sitters choose to go on the consultations with the IC (at least for the first few) so everyone is comfortable. Then when the IC is an old pro at things, you can send them on their own.

    I'm happy to answer any other Qs.

  7. Hey Trimmer,

    Let me address #2 first – some insurance policies DO cover your ICs. You will simply need to talk to your agent and see if your current policy covers ICs. If not, you'll need to add the appropriate coverage.

    You'll also want to make certain that your (or their) insurance covers for all potential situations. For example, in the pet sitters home (if you provide that service), in the car (for pet taxi services), overnights in the client's home and all the client's property and belongings.

    To answer #1 – if you require your ICs to purchase their own insurance (a few hundred dollars per year) and they do not want to, then they are simply not right for your team.

    If someone does not want to invest a small needed amount into their business (as the IC), this should be a red flag and you should continue your search for someone who wants to take it seriously.

    Hope this helps.

  9. Hi Josh,

    I have a small pet sitting business and am paying my new ICs a rate of 50% of the service fee as charged to the client. However I have a couple of folks that have been with me several years and am still paying them their old rate of 60%. I know you can’t give legal advice but do you foresee any problems with this? Also I am using a standard IC agreement. Do you think it is necessary to hire a lawyer to look it over? Thank you in advance.

    1.  Hi Animalhouse,

      Thanks for your question.  What kind of problems are you referring to?  Not remaining profitable problems, or problems arising if the two discuss the terms?

      I do believe that it’s OK, and your option to pay any IC what you feel is fair.

      Regarding the IC Agreement, it is always advisable to run it by an attorney.  The very last thing you need is to find one and have to go to court, only to learn that it does not protect you.

  10. Josh, 
    What is the general rule of thumb as far as how much to pay an IC?  I have a friend of mine working for me and I think that I started her out a little too high?  Also, does the pay for an IC increase at all as my fee for pet sitting increases, ie. more than just one or two dogs in a home. I have a job coming up with 7 dogs and about 30 small birds! 

    1.  Lanette,  Great questions… There really is no general rule of thumb, but industry averages will say that the majority of ICs receive between 50% – 70% of the fee the client is charged.

      The pay would naturally increase, as per your next question, if you are paying a percentage rather than a flat fee.  For example, if you pay your IC 50% and the job is $100, she will be entitled to $50.  If your next job is $200, her pay at 50% would obviously increase to $100.

      There is so much to discuss on this topic.  See this 90-minute Q&A call Bella Vasta and I held answering many questions on the subject.

      Let me know if I can help further.

      1. Thanks for your response!  I did some more checking on the internet and realized that the payment to the IC would go up as the client rate went up. 
        And it seems that the 50-70% is pretty standard.  
        You referred to a 90 minute video but don’t see link….where do I find that.  I am a member of APSE as well and wonder if it is in there.  
        Currently, I don’t have any contract with my IC as she is a friend but realize that I really need to get one!  What would you suggest??  
        Thanks so much for your time!!  

        1.  Oops, sorry, my bad… Here is the link to the referenced recording on hiring: https://petsittingology.com/blog/hiring-pet-sitters/

          Also, even if you are working with a friend as an IC, it is still extremely advisable to have an agreement in place.  Have you checked out my complete IC Tool box?  It contains the very agreement I use, along with plenty of other resources you may need right now: https://petsittingology.com/blog/pet-sitter-independent-contractor-tool-box/

  11. As an IC gets paid directly and receives a 1099 MISC for tax purposes (and needs to file a Schedule C – Business return), does the IC need a business license if there is only one company that the IC works for? What about insurance and bonding? (I only work part time for one agency) I am having difficulty finding out this answer. Any direction on obtaining information would be greatly appreciated.

    1. Hi, these are good questions and one I would direct to your accountant and/or attorney. They will be best equipped to guide you in the proper direction for your specific state laws and business regulations. Hope that helps.

  12. If I hire an IC, I need them to have bonding and insurance. Would that imply they are employees?

    1. Hi Janet, thanks for your comment here. As you know, there are many fine lines between identifying someone as an IC vs. Employee. Your best bet will always be to run the specifics by your attorney. With that said, some insurance providers do give you a ‘blanket’ policy that would extend to an IC. While other ICs may already have their own insurance coverage. You can always choose to only work with ICs who already have their own insurance. Hope that helps. Enjoy the day!

    2. My pet sitters insurance actually allows me to add an IC for a lesser fee than the full price that I pay. I used PSA.

  13. An IC is someone who is doing something unusual for a company that is not similar to the principle work of the employer. It’s clear that hired workers who are walking dogs and caring for pets are employees when it comes to working for an employer who owns a dog walking and pet sitting business. Why would anyone want to risk what they have built (in regards to a business reputation, policies, procedures, etc…) to save money? The consequences of misclassifying hired workers far outweighs doing the right thing which can include, but are not limited to; fines, back taxes, back wages, closure of business and jail time. I feel that if a company is misclassifying their staff to save a buck, then I have to wonder what other areas they are cheating in when running their business? Unless you know of a loophole (and I’d be happy to hear what that is), this brings up the question… Why do you offer instructions on how to hire IC’s when that would basically be setting up a business owner for a heap of trouble down the road?

    1. Hi Emi, thanks for stopping by and sharing your detailed thought. I agree with you in that someone should not classify their worker as an IC “to save a buck.” As you see, my article here gives an honest look and differentiation between what may be classified as an IC and what is clearly an employee.

      The truth of the matter is that there are plenty of successful and legitimately run pet sitting businesses who are in fact properly using ICs to run their businesses. Some have even been audited by the IRS and won in that determination. Hope that helps!

  14. Josh… I am solo and an LLC. My workload is getting heavy. I really would like to hire an IC and I’ve ordered your packet.

    The IRS states: Behavioral control relates to whether the business has a right to direct and control how the worker performs the task for which they are hired. In general, anyone who performs services for you is your employee if you can control what will be done and how it will be done. This is so even when you give the employee freedom of action. What matters is that the employer has the right to control the details of how the services are performed. Such details include:
    •When and where to do the work
    •What tools or equipment to use
    •What workers to hire or to assist with the work
    •Where to purchase supplies and services
    •What work must be performed by a specified individual
    •What order or sequence to follow

    This really is a concern and I just don’t see how you can hire an IC and not be able to tell them when and where to do the work and what work must be performed. You are hiring ICs to help because you have clients for them to work for. How in the world can you hire someone and not be able to tell them the address and time to be there and what work needs to be performed. The insurance coverage that I pay for covers ICs and/or employees. Please give me your thoughts. This just baffles me. How am I supposed to get help if I can’t even tell them when or where to go and what the client needs done?

  15. Hi Josh, I have been in the pet sitting business now for almost ten years. The first couple of years I was doing it all myself. I have always had pet sitters insurance for myself. When I started needing people, I added them onto my policy as “IC,” so they are covered. I have never had contracts between us…only the contract that we use for the pet sitting job…their name is on it along with my pet sitting business name. We have had a verbal agreement that if I pass a job along to them that I know that I do not want now or in the future they may keep that client, but I get first dibs if they can’t take the work that the client needs. I don’t get paid any money, by choice as I look at it as collaboration. However, after hearing that an IC was not covered for a situation because there was no CLEAR contract between the biz owner and the IC…well…it makes me nervous. I do not want to be caught in a Catch 22. As I write this, it is clear that an attorney is best to answer this…

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