Georgia Department of Labor cracks down on independent contractor misclassification

English: Forest Park, GA, July 11, 2005-- A FE...

(Photo credit: Wikipedia)

From HR.BLR.com — “For the first prong of the test, Georgia courts have traditionally found that the following factors demonstrate that an individual is free from significant control or direction:

  1. There are no territorial or geographic restrictions placed on the worker.
  2. The worker isn’t prohibited from working for other companies or holding other employment contemporaneously.
  3. The worker has no prescribed minimum hours to work or orders to obtain.
  4. The worker is free to accept or reject work without consequence.
  5. The worker has the discretion to set his own schedule.

Your ability to demonstrate that you don’t control or direct the worker doesn’t end the inquiry into independent contractor status. You must also demonstrate that the worker was customarily engaged in an independently established trade (the second prong of the test). However, there haven’t been many cases that explain how you can show that a worker is customarily engaged in an independently established trade…..”

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