Job duties, degree of employer control dictate employee status — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Job duties, degree of employer control dictate employee status

Get PDF file

by on
in Human Resources

Just calling a worker an independent contractor doesn’t make that worker an independent contractor.

It’s the reality on the ground that counts—that is, how much control the individual has over her time, hours and duties. The more control you exert over her, the more likely she is an employee and is entitled to all the rights and privileges of an employee, including overtime and other wage protections.

Recent case: Alice Buckley, a physician, signed an agreement with a medical clinic to provide medical services to patients. The agreement said she was an independent contractor, and the clinic did not withhold taxes. But the clinic set her hours, her vacation schedule and told her what to do and when to do it.

That made her an employee, the Court of Appeals of Michigan decided. (Buckley v. Professional Plaza Clinic Corp., Court of Appeals of Michigan, No. 277028, 2008)

Leave a Comment


Previous post:

Next post: