Employee or Independent Contractor?

Coronavirus FAQs for Employers 

Photo by CDC on Unsplash

From JDSupra, Katheryn Andresen, Courtney Blanchard, Allyson Petersen, and Mai Lee Yang provide information for employers regarding coronavirus including guidance relating to independent contractors. Katheryn, Courtney, Allyson and Mai Lee write: 

Can I send independent contractors home and prevent them from coming to the workplace?

If you are concerned that a contractor presents a Coronavirus risk to the workplace, you should consult your independent contractor agreement for the process to suspend or terminate services. For example, a force majeure clause may apply or notice-of-termination rights may be limited and easy to meet without undue delay. While early termination of the contract based on general workplace policy and safety concerns could be a factor marginally in favor of employee (rather than contractor) classification, this risk is almost certainly outweighed by the risk of spread. Moreover, this risk is mitigated by reference to, and substantial compliance with, the termination provisions of the contract.

Read the full story at Coronavirus FAQs for Employers | Nilan Johnson Lewis PA – JDSupra

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