Americans love independence, emancipation, self-sufficiency - what ever you want to call it. We even have a national holiday dedicated to the celebration of our independence declaration. The ability to take care of one's self is highly valued in the United States and our business environments, but employers must be careful not to go overboard where freedom is concerned.
Supervisors may want responsible, motivated and self-driven employees who can perform tasks without micro-management, but they shouldn't confuse that sense of autonomy with independence when they are classifying employee relationships.
Workers who are truly independent contractors aren't guaranteed overtime pay and other employment benefits, while bona fide employees are. Because of this distinction, some employers classify staff members as contracted laborers if their work is independent in nature as a way to avoid extending extra compensation for time and attendance.
This is not fair practice and the Department of Labor is very aware of these mistakes, whether they are in fact deliberate or the result of misinterpretation. To avoid compliance issues with the Fair Labor Standards Act (FLSA), employers must take a look at the relationships they have with workers. If individuals are only performing specific tasks with clear beginning and end dates, use their own tools, can choose their own hours and are not required to wear uniforms, there is a chance they might be independent contractors. For more accurate information, companies can visit the FLSA website or outsource human resources for professional insights.
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