In-House Connect的动态

Transcript

It's a very significant concern. And what about independent contractors? And a lot of folks ask, well, can't we just classify someone as an independent contractor? So First things first is the determination as to whether someone is an independent contractor is a legal one. It can't be something that either you as the employer want to do or that the worker wants to do, because sometimes workers do want to be in the classified as independent contractors. They can save money on their taxes. There's a number of issues that they can ask for that reason. There's really no excuse for misclassification. And the Department of Labor just issued a new test this year, but I'm going to. Reach out what I believe is one of the most important ones so they'll make the determination based on the opportunity for profit or loss depending on the skill investments by the worker and potential employer. Degree of permanence, nature and degree of control extent to which the work performed is integral to the employers business skill and initiative and other factors. And I just want to highlight nature and degree of control is what I have always counseled client says one of the most important aspects of the indictment contractor analysis and what that essentially means is if you dominate an independent. Contractors time. You make them work 40 hours a week. You have a non compete in their independent contractor agreement. You don't allow them to work with other entities while they're working for you. They are most likely an employee. The whole concept of being an independent contractor is you're going out and being able to take work on from other entities, other businesses. That doesn't mean you can't stop an independent contractor from using your trade secrets while they work in other areas, but generally speaking it's a bad idea to restrict them to work only for you.