Who is an Employee, Joint Employee, or Independent Contractor?

“Five court decisions in August 2014 illustrate how worker status is determined. The legal standards are fairly consistent although the factual situations in question vary. Always consult an experienced attorney in employment cases….
These decisions have some common lessons. Contract language is important. Employers are tempted to load-up a contract with provisions to cover any future contingency. However, the more potential worker control the contract allows, the more likely workers are employees. If a worker indefinitely earns a living only from one employer, the more likely there is an employment relationship. Workers should have some breaks in employment with a single employer if they are truly independent contractors. Calling a worker an independent contractor does not necessarily make her or him one. In contrast, a worker who appears to be an independent contractor may be an employee in some situations.
Additionally, it is not difficult to slip into a joint employment situation if the employer is exercising control of the details of tasks it has contracted to have performed (rather than just the end product) or asks the staffing agency to discipline or fire the workers that it sent. Complaints are best directed to the quality of the end product only. Finally, since these issues are legally complex, both employers and employees should seek the advice of experienced legal counsel…”

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