LEGAL
and initiative to determine whether
the worker is economically dependent.
For example, if a bridge builder contractor
retained the services of a surveyor
because of his surveying skills
and pays the individual hourly, and
gives him paid time off, and reimburses
expenses, that would weigh in favor
of classification as an employee.
•• Is the relationship between the worker
and the employer permanent or indefinite?
Workers engaged on a permanent
or indefinite basis are more likely
to be classified as employees, and independent
contractors according to the
DOL “typically work one project for
an employer” rather than continuously
or repeatedly for the same employer.
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•• What is the nature and degree of the
employer’s control? To indicate independent
contractor status under this
factor, the worker must control meaningful
aspects of the work performed
(such as how and when the work will
be performed), such that the worker
can be viewed as a person conducting
his or her own business. The
DOL specified that working from
home or offsite and/or having control
over the hours worked are not indicative
of independent contractor status.
Rather, the DOL examines “the
nature and degree of the employer’s
control.”
In sum, the days of successfully claiming
an independent contractor relationship
exists based on a contract or agreement and
whether the contractor exercises specific
control over the contractor’s duties are over.
The inquiry now is whether the independent
contractor is in business for himself/
herself and whether he/she is economically
dependent on the company. Businesses
should brace for more scrutiny on such clas-
Employers who have
misclassified independent
contractors face potentially
substantial liability. Liability
can include payment related
to unpaid overtime
wages and penalties.
100 | QUARTER 4 2015
/www.truline.us
