Payment of Consultant Fees Based on Independent Contract

A decision was requested concerning payment of fees for consulting services rendered pursuant to a contract in order to determine whether speakers and instructors in training sessions are subject to the salary limitation of 5 U.S.C. 3109. If the contract does not establish an employer-employee relationship between the agency and the contractor, payment need not be limited by 5 U.S.C. 3109. Consulting fees may be paid since no employer-employee relationship was established by the independent contract.