Independent Contractors

Cinderella

I understand that when a company hires independent contractors (IC's) they do not control where, when and how the IC works, they just have the right to accept or reject the final product presented. However, if the IC chooses to do all or part of their work in the hiring company's office, the company can hold the IC to the rules and regulations of the work space, correct? (ie: wearing an ID Badge, smoking in designated areas only, parking, restricted areas etc.)
Cinderella

Down_the_Middle

Yup........ The "control" issue which translates into being an employee applies to how the work is done.

Don D

Long (but same) answer: The courts have sort of fashioned a generic set of rules that address these things for a typical independent contractor: Is there a contract for specific work, does the worker operate a distinct business or hold himself out as an 'expert' in the field of work being done or proposed, does he furnish materials or hire helpers, is the job a special assignment as opposed to an integral part of the er's business, is the contractor paid by the job rather than the hour, does the job require some special skill, is the work normally performed without direction from the er's employees or agent, is the work temporary and does the worker have the opportunity to make a profit or actually have a loss? Not all these questions have to be answered one way or the other since there's no magic formula. Typically as long as the contractor controls the details of his work, the contractor status should fly. But, no matter whether its an employee, a vendor on your property, an applicant, a trespasser or an independent contractor, he/she must follow and abide by your company's housekeeping, behavior and other non-work-related rules.