Self employed

What he wants and what is legal can be very different things ... if you will be doing the exact same job then that would not be allowed.     https://www.irs.gov/taxtopics/tc762

 

If you were to allow it you would have to pay the FICA taxes that he would pay, lose any health insurance or paid time off/vacation and any workman's compensation insurance.  It would require a pay increase of at least 30% to make up for what you would lose which I doubt they will be willing to pay.