So you'll have to ask for your state what the rules are but in California these will be your employees IF you tell them when to come to work. It's a small rule change to push employers to pay up for health care among other things.
In other words, this varies state by state.
I run a small business here in Tulsa, Ok and use various people to do a balloon twisting job, or a stilt-walker etc. They are paid as sub contractors, but from time to time, I loan them balloons or stilts etc. Now these people, in my book, are subcontractors. In fact, I don't even know how they could be employees, as it's so sporadic. I would appreciate help on this, especially by someone in a similar business. Thanks!