Sometimes, it makes financial sense for companies to engage workers as independent contractors rather than as employees. It can have advantages for workers, too. They sometimes prefer the freedom, status and flexibility of being an independent contractor, not an employee.
But whether a worker is an employee or an independent contractor has nothing to do with the desires of the organization or the worker. Not even a written contract can make someone an independent contractor if that status isn’t legitimate.
The burden is on companies to make sure their workers are properly classified. The worker’s status affects a wide variety of obligations and legal rights under federal and North Carolina laws.
Among the issues: wages and hours, workers’ compensation, unemployment benefits, (register to read more), tax liability and withholding, vicarious liability for worker negligence and protection under North Carolina and federal anti-dis...