Sure you can! But that doesn't mean they aren't employees! If you tell them what time they have to be there, and what they have to do, they're employees. You're responsible for their injuries (workers comp) whether or not you 1099 them.
Calling them "subcontractors" and not withholding taxes does NOT protect you. It does NOT relieve you of any liability, either to them, or to your employers (clients).
However, usually a bond only covers employees. So if you DO 1099 them, they WON'T be covered by your bond.
Be sure to check out this link, about subcontractors vs. employees. http://www.twc.state.tx.us/news/efte/appx_e_twc_ic_test.html
|