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an individual can rebut the IRS  presumption that you are an employee by providing records, such as contracts or partnership agreements, that provide sufficient evidence to corroborate the individual's status as a non-employee.

 

It's not getting paid hourly that's an issue. it's that all your labors are performed for a single entity. Whether you are an independent contractor or an employee who should have gotten a W-2 is the issue. 

 

see this IRS webpage

https://www.irs.gov/newsroom/worker-classification-101-employee-or-independent-contractor