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Document details of work, degree of control to prove worker is an independent contractor

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in Employment Law,Human Resources

When it comes to classifying workers as either independent contractors or employees, the stakes can be high. Get it wrong, and your organization may owe thousands of dollars—even millions—in back wages, benefits and taxes.

To make matters worse, it doesn’t matter if a worker signed an agreement that clearly says he’s an independent contractor. What really matters are the details of what work he performed, how he was paid and how much control you exerted over how he did the work.

In short, facts matter. Documenting those facts can make it much easier to defeat a challenge from either the worker or a state or federal government agency.

Recent case: Pedram sued Sherbank Azizi Dental, a Sherman Oaks dental practice, claiming he was owed wages, benefits and overtime for all the hours he had put in working as a dentist there.

The dental practice said Pedram had signed on as an independent contractor and not as an emplo...(register to read more)

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{ 1 comment… read it below or add one }

kb May 30, 2018 at 10:01 am

It was helpful.we dont hire I.C. at all.

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