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Here's a link to the IRS's general test on misclassification of employees, can be interested in walking through http://www.oregon.gov/ODA/shared/Documents/Publ
by rtpg 12y ago
Here's a link to the IRS's general test on misclassification of employees, can be interested in walking through
http://www.oregon.gov/ODA/shared/Documents/Publications/NaturalResources/20FactorTestforIndependentContractors.pdf http://www.oregon.gov/ODA/shared/Documents/Publications/Natu...
There are 20 points to consider in total.
some of the ones that don't come up in these discussions but probably should:
• Degree of business integration. Workers whose services are integrated into business
operations or significantly affect business success are likely to be considered employees.
• Control over discharge. A company's unilateral right to discharge a worker suggests
an employment relationship. In contrast, a company's ability to terminate independent
contractor relationships generally depends on contract terms.
• Right of termination. Most employees unilaterally can terminate their work for a
company without liability. Independent contractors cannot terminate services without
liability, except as allowed under their contracts.
- aabajian 12y ago>...significantly affect business success are likely to be considered employees. If all the drivers were fired, Uber / Lyft would be out of business. If this point holds any weight, I'd say they'd have to be considered employees. Applies to taxi drivers as well.
- Dylan16807 12y agoOn the other hand individual drivers have next to zero affect on business success. And people contract out critical things all the time, it's not that simple.
- rtpg 12y agoWell there's 20 factors, so I think even if 1 requirement is 100% filled, there's some other factors to take into account. (IANAL)
- deleted 12y ago[deleted]
- goodmachine 12y ago>...significantly affect business success are likely to be considered employees. If all the drivers were hired, Uber / Lyft would be out of business too.