Some companies either negligently or intentionally violate the law by misclassifying workers as contractors instead of employees.
In light of such abuse, federal and state agencies have announced plans to crack down on such arrangements, stepping up enforcement, and increasing penalties.
Take the "ABC" Test
There are strict tests for whether an individual is properly classified as an independent contractor. Connecticut law sets out a test commonly referred to as the "ABC Test" under which the worker must:
* Be free from the direction and control of the employer in the performance of the service, both under the contract of hire and in fact when performing the services;
* Perform the services outside of the employer's usual course of business or outside of the employer's place of business; and
* Be customarily engaged in an independently established trade, occupation, profession, or business of the same nature as the service being provided.
The federal government will consider similar factors including the employer's right to direct and control how the contractor performs the job; the financial relationship between the business and the independent contractor; any written contracts; whether the business provides the contractor with vacation or benefits; and the extent to which the contractor provides services that are a key aspect of the employer's regular business activity.
The most critical factors under both federal and state law are the extent to which the company controls when and how the independent contractor does the work, and whether the contractor is performing services that are traditionally performed by employees. Download full test here
If it walks like a duck sounds like a duck it is regardless if you call it something else...
