Contractors Who Telework or Perform the Work Off-Site Are ICs…

Contractors who telework or perform the work off-site are independent contractors.

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: Contractors who telework or perform the work off-site are independent contractors.

Workers are not considered as independent contractors simply because they work off-site or from home.

This is another common myth. Just because a worker is out of sight, and not around a company’s employee workforce, does not mean they could still be your employee. Here’s why…

Working away from the client company’s worksite, such as from home, does not necessarily make a worker an independent contractor. Both employees and independent contractors may telework or work off-site. Similarly, both employees and independent contractors may work at a company’s work site.

A worker is an employee if their work falls within a law’s definition of employment. On the other hand, a worker may be an independent contractor if their work does not fall within a law’s definition of employment. The client company, or the project sponsor, may still control or have the right to control how the work is done under the relevant law even if the worker works off-site and is not subject to constant supervision.

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