A Bona Fide Independent Contractor Is Safe!
Welcome back to the blog series on the 13 Myths of Independent Contractors. We created this series to help you navigate some of the potential legal minefields caused by the complex legal environment surrounding independent contractors. The content from this series comes from the whitepaper: Independent Contractor Myths versus Reality.
Myth: If an IC has been engaged by other companies, it is safe to engage them as an independent contractor.
Reality: Just because a worker has been considered a bona fide independent contractor in the past does not mean a worker will always be an independent contractor.
Even if a worker has been a bona fide independent contractor for a long time, they could become an employee in the future if the nature of their work relationship changes. The worker is an employee if their work falls within a law’s definition of employment.
On the other hand, the worker may be an independent contractor if their work does not fall within a law’s definition of employment. The present nature of their work relationship (and not their previous status) will determine whether they are an employee or not.
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