Who is an Independent Contractor?
There is no set definition of this term. Labor law enforcement agencies and the courts look at several factors when deciding if someone is an employee or an independent contractor. Some employers misclassify employees as an independent contractor to avoid workers’ compensation and other payroll responsibilities. Just because an employer says you are an independent contractor and doesn’t need to cover you under a workers’ compensation policy, doesn’t make it true. A true independent contractor has control over how their work is done. You probably are not an independent contractor when the person paying you:
- Controls the details or manner of your work
- Has the right to terminate you
- Pays you an hourly wage or salary
- Makes deductions for unemployment or social security
- Supplies materials or tools
- Requires you to work specific days or hours.
As an independent contractor what are my rights to Workers Compensation?
If you are truly an independent contractor, employers do not have to cover you under workers’ compensation insurance, and are not liable for payments under unemployment insurance, disability insurance, or social security. However, employers oftentimes improperly classify their employees as independent contractors so that they, the employer, do not have to pay payroll taxes, the minimum wage or overtime, comply with other wage and hour law requirements such as providing meal periods and rest breaks, or reimburse their workers for business expenses incurred in performing their jobs.
Am I an independent contractor or an employee?
This is where Hunt Law Group can help. We will determine your status and get you the compensation you deserve.