Key to maintaining contractor status: Don’t exert too much control over the work

From Business Management Daily — “There’s a fine line between spelling out expectations and unduly controlling exactly how contractors and subcontractors do their jobs. If you use too heavy a hand, those workers you consider to be independent contractors can morph into employees. And that can mean expensive litigation. Recent case: Contina worked as an…

Independent Contracting: Policy and Management Analysis

From Steven Cohen and William B. Eimicke, Professors of Professional Practice in International and Public Affairs at Columbia University’s School of International Affairs (SIPA) and their research team — “This study provides an in-depth management and policy analysis of the independent contractor model in the modern U.S. economy. We pay extensive attention to the complex issue of…

“Independent Contractor” vs. “Employee” – Has Your Company Made the Right Call?

From the Amarillo Globe-News — “The IRS advises the relationship of the worker and the business must be examined in order to determine whether an individual is an employee or an independent contractor under the common law.  In any employee-independent contractor determination, all information that provides evidence of the degree of control and the degree of independence…

Virginia Significantly Raises Worker Misclassification Fines

From Virginia Workplace Law — “On July 1, 2014, the  Virginia Workers Compensation Act (the “VWCA”) significantly increased the civil penalties that the state can impose on a Virginia business owner who has failed to insure a worker who should have been insured. The civil penalty is now up to $250 per day for each day of noncompliance, subject to…

How to Reduce Risk of Citation for Independent Contractor MSHA Violations

From Harrison, Temblador, Hungerford & Johnson LLP — Bradley Johnson provides guidance on how to avoid cititations from the Mine Safety and Health Administration (MSHA) for violations by independent contractors. “As a general matter, mine operators can reduce risk of liability by treating independent contractors and their employees as fully separate entities, rather than as quasi-employees –…