Employee or Independent Contractor?

I have had the opportunity to discuss employee classification on several occasions in my profession. Or, should I say I have tried to convince employers that they cannot just 1099 a worker and call them an independent contractor. A contractor agreement will not be enough to say a person is an independent contractor either. To determine whether a person is an employee or an independent contract depends on the control the employer has over the worker. Does the employer tell the worker what time to come to work and when to leave? Does employer have policies and procedures which govern the workers job position? Do they provide them with a job description? Does the worker perform duties for the employer exclusively or do they also work for others? Does the worker have their own insurance? There is not just one test that will classify an employee vs. contractor relationship, but if the operations of the worker are controlled by the employer, the worker is probably an employee. In California, a worker is presumed to be an employee and the proof lies with the employer to prove otherwise. In Gardner v. Baby Trend Inc., 2009, where the employer argued the plaintiff was an independent contractor, but the court ruled he was not, and awarded 8.4 million to the employee (Gartner). Classifying employees should not be taken lightly, and in California, if classification is borderline, chances are the worker is an employee.


Reference

Gartner, L. (2009) Verdict Serves as Costly Reminder on Worker Classification in California
retreived from SHRM website 7/21/09.

Safety in the Workplace

Guess what? Since my last blog, we have a new alarm system! Hooray!

So, now is a good time to discuss …

Personal Safety in the Workplace

Here are some precautions to take:

Try not to work alone after hours. Try to avoid working alone. Always let someone know if you must stay late. Leaving in pairs is always safer. There is safety in numbers.
Make sure all doors are locked when staying late.
Leave all the lights on when working late. The janitors or timers will turn them off during the week at most offices.

Do not give out scan cards or keys or leave the door open for visitors or delivery people. Let them come through the receptionist desk and sign in. If possible have the receptionist area cut off from the rest of the office, so people can not walk around the office without being checked in and taken back with the employee.

Keep your personal property personal. Lock up your purse. Don’t leave it unattended.

Be aware of your surroundings especially in the parking lot. We once had someone sitting between two of our parked cars. Take two seconds to look around as you walk towards your car to check out potential risks. Is anyone loitering?

Be aware that anyone can use the restroom or be in a secluded hallway.

Only carry the essentials. Don’t’ carry or leave at work unnecessary cash or valuables.

Be safe when you get in your car. Lock the doors right away.

Watch what you say. Be careful to no give out personal or company information. Eavesdropping is a problem when on your cell phone or even on your cubicle phone. Don’t give out information, such as the doors are unlocked most of the time or any other security information.

If there is a threatening situation in the office, dial 911, you don’t even have to talk to them. Just dial 911 and put the phone down on the desk, they will come when you don't answer them or if they hear trouble in the background.