As a general rule, the employer of an independent contractor is not responsible for the unlawful acts and omissions of the contractor because of the lack of control and supervision in an employer-employee or primary intermediary relationship. However, in certain circumstances, an alternate responsibility is imposed: here too, the nature of the work will help to define the relationship. If the work is considered an integral part of the business, it is more likely that the person is an employee. On the other hand, temporary and non-complete work may involve the status of an independent contractor. Hiring an independent contractor to work for you seems easy. There are no complex papers like what you need to hire an employee — you just shake hands and go, right? Independent contractors provide goods or services under the terms of a contract they have negotiated with an employer. Independent contractors are not workers and are therefore not covered by most federal labour laws. They are not protected from occupational discrimination by Title VII and are not entitled to leave under the Family Medical Leave Act. Employers are not required to pay overtime to independent contractors under the Fair Labor Standards Act or to provide housing for a contractor`s disability under the Americans with Disabilities Act. An employer is also not responsible for the unemployment or benefits of an independent contractor and is not required to grant a pension or other employment benefits to an independent contractor. In addition, an employer is not required to pay taxes on work for an independent contractor.
Compensation: How much and often the contractor is paid Creative works, such as songs, articles and works of art are covered by copyright. Under the Copyright Act 1976, an independent contractor who created a work for an employer holds the rights to that work, except in limited cases. The employer who ordered the work automatically only owns the rights if the plant is considered a “rental work” under the law and the parties have signed a written agreement stipulating that the employer is the author of the book. To be considered a “loan work” under the law, it must fall into one of nine categories: (1) contribution to a collective work, (2) part of a film or audiovisual work, (3) a translation, (4) a complementary work, (5) a compilation, (6) a teaching text, (7) a test, (8) a response material for a test or (9) an atlas. As an independent contractor, you have the right to ask a public or federal authority to verify your employment status. If you think you might be an employee and have a problem with your employer about your salary or working time, click here. If you are a victim of discrimination and would like to know if you are an employee under the Americans with Disabilities Act or Title VII, please contact your nearest EEOC external office. In July 2015, the U.S. Department of Labor issued new guidelines on misclassifying employees as independent contractors. “A worker who is economically dependent on an employer is aggrieved or allowed to work by the employer.
As a result, most workers are employed under the Fair Labor Standards Act when they apply the economic reality test to the expansionist definition of employment under the Act.   Independent contractors are not considered “workers” under the Fair Labor Standards Act and are therefore not covered by the wage and hourly provisions. As a general rule, the salaries of an independent contractor are set in accordance with his contract with the employer. These contracts often provide a time limit for completion of the work, but do not provide for specified hours when the contractor must work on the employer`s site. This flexibility is one of the hallmarks of an independent contracting relationship. An independent contract is a written contract between two parties for a particular service or project.