First Reference company logo

First Reference Talks

News and Discussions on Payroll, HR & Employment Law

decorative image

independent contractors

Using independent contractor not a “get out of jail free” card

A business’ obligations to its workers will depend on whether the workers are employees or independent contractors. However, a recent decision reminds us that, even where a worker is a true independent contractor, this distinction may not preclude a business being liable to third parties, such as customers, when the worker does something wrong.

 

, , , , , , , , , , , , ,

Most-viewed articles this week on HRinfodesk

The three most viewed articles on HRinfodesk this week deal with the difficulty of characterizing the employment relationship as that of independent contractor, the taxability of employer-paid membership fees and the high price of age discrimination.

 

, , , , , , , , , , , , , , , , , ,

United States HR Law: ‘misclassifying’ employees as independent contractors

Hiring an employee is an expensive proposition. Employees must be trained, they must be paid regardless of their productivity while they are employed, they have many rights under the law including workers’ compensation coverage, and terminating a difficult employee can be a costly nightmare. In an age of constantly increasing regulation, many businesses are turning to independent contractors to complete work for them because they usually need minimal training and can be acquired or dismissed as the situation warrants.

 

, , , , , , , , , , , , ,

Conducting a workplace violence risk assessment: six common pitfalls

Despite the fact that a significant majority of Canadian organizations are legally obligated to conduct workplace violence risk assessments, it appears that uncertainty and inconsistency are commonplace when it comes to the actual conduct of the assessment. This month, we will take a closer look at workplace violence risk assessments: what they are, what they aren’t, common pitfalls in conducting them and some best practice considerations from the available literature.

 

, , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Misclassification of workers: contractors or consultants?

I have often written and spoken about misclassification of workers, specifically that many organizations agree to call workers “contractors” or “consultants” even though they are, in reality, employees. The bottom line is that our courts and government agencies, including the Canada Revenue Agency, will not be swayed by the terms used in a document or the manner in which parties describe their relationship. They will look at the reality of the situation, and…

 

, , , , , , , , ,

Independent contractors are regularly employed for purposes of OHSA

The Ontario Court of Appeal just rendered an interesting decision regarding whether independent contractors are to be counted when determining the need to establish and maintain a joint health and safety committee pursuant to subsection 9(2)(a)of Ontario’s Occupational Health and Safety Act.

 

, , , , , , , , , , , ,