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Is Your Subcontractor Really an Employee?

Question 2: Are you supervising them?

 

You may be hiring someone who brings employees or heavy equipment to the job, but they still can be your employee.

The key test is whether or not you are supervising

Laws addressing the idea of supervision talk about having “direction and control” over the worker or having control of the “means and methods” of the work.

  • You ARE NOT supervising if you are only scheduling and inspecting the work.
  • You ARE supervising if you are telling your worker or a subcontractor’s workers how to do the job, assigning tasks, training, keeping time sheets, paying a wage or
    setting regular hours.
  • Having a UBI number or a contractor’s registration with L&I is NOT enough proof that your workers are unsupervised, independent contractors. If you are supervising, they are your employees.

Did you answer “yes” to Question 2?

Then they are your employee, and you must do the following:

Remember: Always keep a safe workplace!

Did you answer “no” to Question 2?


Go on to Question 3: Do they have an established business of their own?


Go back to the previous question.

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