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How to Avoid Incorrectly Treating a Worker as an Independent Contractor – Part II

By Rush Nigut on March 17, 2006
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How to Avoid Incorrectly Treating a Worker as an Independent Contractor – Part II.

In yesterday’s blog I decribed the factors which often demonstrate a worker is an employee. If you answer “Yes” to the following questions you probably have an independent contractor.

1. Does the worker furnish significant tools, materials and equipment?
2. Does the worker have a significant investment in facilities?
3. Can the worker realize a profit or loss as a result of his or her services?
4. Does the worker provide services for more than one firm at a time?
5. Does the worker make his or her services available to the general public?

A human resource audit may help you avoid incorrectly treating a worker as an independent contractor.

Photo of Rush Nigut Rush Nigut

Rush Nigut is a shareholder with the Brick Gentry Law Firm in West Des Moines, Iowa. His practice includes both transactional and litigation matters including franchising and business law. Rush started his legal blog, Rush on Business, in 2006. He has been quoted…

Rush Nigut is a shareholder with the Brick Gentry Law Firm in West Des Moines, Iowa. His practice includes both transactional and litigation matters including franchising and business law. Rush started his legal blog, Rush on Business, in 2006. He has been quoted or referenced by hundreds of other blogs, websites, and publications. He also is the editor of the Brick Gentry Trial Team blog and can help you identify the most qualified lawyer at Brick Gentry to handle your case. Our lawyers have a breadth of trial experience in personal injury, employment discrimination, business litigation, IP law, and class action cases.

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  • Posted in:
    Employment & Labor
  • Blog:
    Rush on Business
  • Organization:
    Brick Gentry
  • Article: View Original Source

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