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Misclassified contractors can make you subject to TCHRA

by on
in Employment Law,Human Resources

It’s complicated to determine who is an independent contractor and who is an employee. Someone you consider a contractor may turn out to be an employee under the Texas Commission on Human Rights Act (TCHRA)—and the TCHRA may cover you if those contractors turn out to be employees.

Recent case: Wayne Culver sued Gulf Coast Window and Energy Prod­­ucts for discrimination under the TCHRA. The company argued it had fewer than 15 em­­ployees, the threshold for TCHRA compliance.

But Culver argued that several al­­leged contractors should be counted as employees. They all wore company uniforms, worked set schedules and received vacation and sick leave benefits. That made them employees, the court ruled, and added them to the count. (Culver, et al., v. Gulf Coast Window and Energy Products, No. 01-22-00080, Court of Appeals of Texas, 2012)

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