Your attorney probably has advised you of the potential pitfalls
for misclassifying employees as independent contractors, failing to
apply all company policies consistently and failing to exercise
particular care when taking an adverse action against an employee
who has engaged in protected conduct. Two recent federal court
decisions reveal what dangers face roofing contractors who fail to
heed that advice.
Whether a worker is properly classified as an employee or
independent contractor is based on the "economic reality" of the
relationship. The most common mistake made by roofing contractors
is assuming compensating a worker using a Form 1099 ensures the
worker will not be deemed a company employee. But job titles,
labels and compensation arrangements, such as Form 1099, are not
the only factors DOL and the courts consider when...
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