HR Support on Independent Contractors

Editor's Note: Give up control to avoid taxes and other employment headaches.

Michael CardmanOverview: Having independent contractors offer benefits and risks. The benefits include avoiding certain taxes, legal liabilities and administrative challenges.

However, the risks can be great. Before filling a position with an independent contractor, it is essential to carefully consider the myriad factors that go into proper employee classification a worker as an independent contractor. An independent contractor should qualify not only under the tax code, but also several other state and federal employment laws that may come into play. Inaccurately classifying someone as an independent contractor can set an employer up for costly enforcement actions. 

Trends: Government enforcement of independent contractor misclassification is stricter than ever, as the Internal Revenue Service, the U.S. Department of Labor and state agencies cooperate to enforce the laws.

Author: Michael Cardman, Legal Editor

Latest items in Independent Contractors

  • Classify a Position as Exempt or Nonexempt

    Type:
    Liveflo

    Updated to reflect forthcoming FLSA overtime exemption requirements.

  • Independent Contractor Agreement

    Type:
    Policies and Documents

    This resource is under review in light of the federal Defend Trade Secrets Act, effective May 11, 2016.

  • Podcast: Why Independent Contracting Is Under Attack

    Date:
    March 15, 2016
    Type:
    Podcasts and Webinars

    On this podcast, one of the nation's leading authorities on wage and hour laws weighs in on what the Department of Labor's recent joint employer rule changes mean for employers. "Every word of it is concerning," says Littler Mendelson's Tammy McCutchen. She adds that the new standards could lead to a decrease in subcontracting and franchising.

  • Independent Contractors: Massachusetts

    Type:
    Employment Law Manual

    Updated to include information on the 1st Circuit ruling Schwann v. FedEx, which preempts application of the second prong of the ABC Test to motor carriers.

  • Fifth Circuit Grants New Protections to Independent Contractors

    Date:
    February 12, 2016
    Type:
    News

    The 5th Circuit Court of Appeals has ruled for the first time that Section 504 of the Rehabilitation Act authorizes employment discrimination lawsuits filed by independent contractors. The court's ruling in Flynn v. Distinctive Home Care, Inc. is significant in its finding that the Rehabilitation Act offers broader protection than Title I of the Americans with Disabilities Act (ADA).

  • Uber Drivers Gain Right to Unionize With First-of-Its Kind Seattle Law

    Date:
    December 17, 2015
    Type:
    News

    Seattle has become the first US city to allow drivers for Uber, Lyft and other ride-hailing company apps to unionize. The Seattle City Council voted unanimously to enact this groundbreaking measure. But Uber may challenge the ordinance in court, so this is likely not the last word on the issue.

  • Independent Contractors: Texas

    Type:
    Employment Law Manual

    In-depth review of the spectrum of Texas employment law requirements HR must follow with respect to independent contractors.

  • Webinar: Expanding the Joint Employer Standard

    Date:
    October 14, 2015
    Type:
    Podcasts and Webinars

    This webinar discusses the new joint employer standard and talks through practical recommendations for ways employers can reduce their risk of liability.

  • Independent Contractors: Federal

    Type:
    Employment Law Manual

    This section helps HR professionals determine whether a worker is an employee or independent contractor under federal laws, manage independent contractors, and limit liability when reclassifying independent contractors as employees.

  • How to Manage Contingent or Temporary Workers

    Type:
    How To

    This How To details the steps a prudent employer should take when managing contingent or temporary workers.