From JDSupra, Richard J. Reibstein discusses a case in Washington in which an employee moved to another state and allegedly was required to be an independent contractor even though she was still performing the same duties she had been as an employee. While the headline sparks interest by identifying the employee as transgender, this aspect of the case is irrelevant except to explain why the employee moved from one state to another.
Richard identifies a number of positions, like interpreters and cable installers that can be legitimately be performed by an employee or independent contractor.
Examples of some of the many workers that can lawfully be either ICs or employees under federal and most state laws include:
- physicians and other medical personnel,
- interpreters and translators,
- court reporters,
- truck drivers and couriers,
- computer technicians,
- taxicab or limo drivers,
- physical and occupational therapists,
- carpet installers,
- writers and editors,
- IT consultants,
- route salespersons,
- real estate salespersons,
- insurance agents,
- coaches, trainers, and officials,
- tutors and instructors,
- sales consultants,
as well as many others.
Source: Transgender Video Game Industry Employee Converted to Independent Contractor Status Raises Misclassification and Discrimination Claims