1099 and licensing

[Fischstabchen]

Generally, what are the requirements for a 1099 consulting engineer that is not licensed in a state? It seems you can do he engineering work but you can't stamp or validate anything to the public.

 

[SWComposites]

nothing if you are in an industry that does not require a PE or stamping things.

 

[phamENG]

Generally, what are the requirements for a 1099 consulting engineer that is not licensed in a state? It seems you can do he engineering work but you can't stamp or validate anything to the public.

If it is work that requires a license, then you would have to do it under the responsible charge of another engineer licensed in that state. Be very careful with the 'if it requires a license' bit. The specific rules around the industrial exemption vary state to state, so whether or not a 1099 contractor can fall under it may not be the same anywhere. Never really looked into that specifically as I've never been a 1099, but I know some state regulations touch on it for some things.

 

[LOTE]

They need to be under responsible charge of a PE. Generally the PE firm should hire the 1099 contractor (not the other way around), and the PE should have full ability to comment, revise and direct the 1099 contractor as if they were working as a junior staff under the PE. As long as that is the chain of command, there shouldn't be any issues. I have seen some comment here that their state requires W2 employment for responsible charge, but the 18 states I work in do not. Some state word it weird, but generally the engineering board does not have jurisdiction to require W2 employment for responsible charge.

 

[phamENG]

I have seen some comment here that their state requires W2 employment for responsible charge

You're probably thinking of some statements I have made. I used employment loosely, as a 1099 contractor (so long as the contract is structured the way you described) counts as 'employment' per the regulation here.