Bruce’s Summary: Who literally doesn’t use independent contractors at some time or another? Using independent contractors helps companies offset short periods of spikes in volume and/or workload requirements, testing or potentially expanding new routes or known spikes in seasonal sales or volume, etc. It seems that with most workplace issues today it helps to have some type of checkoff list. Regardless of the subject matter using some form of checkoff lists ensures consistency and less chance for human error.
The author’s review a recent California case decision and provide just such an overview (checkoff list) that the court used in determining that a California claimant was an independent contractor and not an employee.
As the authors suggest, evaluating job classifications is complex and although the court decision has been challenged and is pending in federal district court in California the author’s checkoff list would be a good place for those who are responsible for determining job classifications to start and insure consistency of process. If you keep having to reinvent the wheel, you’re already in trouble, you just didn’t know it. “None of the information contained herein should be construed as legal advice, nor are Calvin Associates consultants engaged to offer legal advice. If there is a need for legal advice, please contact and seek the advice of independent legal counsel.” www.calvin-associates.com