The usual wage-and-hour rules don?t apply to independent con??tractors because they aren?t em??ployees. But that doesn?t mean you can forget about the Fair Labor Standards Act by deciding to just call some??one an independent contractor.
What really counts is how much control you assert over the individual in how and when she does the work.
Recent case: Rachel provided legal support services to an attorney with whom she had an apparently volatile personal and romantic relationship. Later, she would claim he physically abused her. She ended the relationship but kept the job.
Meanwhile, Atinum, a land company, began using the attorney for some of its work. Atinum also contracted with Rachel for support services, requiring her to create her own corporate entity through which the contract was run. But the actual work she performed was all done on equipment and in office space provided by Atinum. Plus, the attorney told her what work to do and in which order to do it.
About a year after Rachel and the attorney broke up, the attorney fired Rachel. Atinum quit giving her assignments.
She sued Atinum, alleging unpaid wages and other claims related to her discharge. Atinum argued the case should be dismissed because Rachel wasn?t an employee.
The court refused. It ordered a trial and invited Rachel to argue that the company exerted so much control over how, when and where she did her job that, for all practical purposes, she might be considered an employee rather than a true independent contractor. (Fontenot v. Brouillette, et al., No. 4:10-CV-01053, SD TX, 2013)
Final note: Genuine independent contractors usually have great control over their day-to-day work lives, including how and when they work. They usually own their own equipment and are free to accept work for other clients.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/35167/control-nixes-independent-contractor-status "
Source: http://www.businessmanagementdaily.com/35167/control-nixes-independent-contractor-status
grizzlies bronx zoo crash april 30 wwe extreme rules 2012 vontaze burfict jimmy kimmel amzn
কোন মন্তব্য নেই:
একটি মন্তব্য পোস্ট করুন