For any entrepreneur, large or small, it is important to know the difference between an independent contractor and an employee. This is particularly important because, although it is not always clear, the financial consequences of a contractual term could be serious for an employee (taxes, penalties and lawsuits could result). It is important to understand that a contractor can be considered a worker, even if the employer and the contractor agree (and argue with regulators and others). Efforts to amend Oregon`s Independent Contractors Act have not yet been renewed in the 2020 legislature. However, independent businesses and contractors can keep in mind the Federal Organization Protection Act of 2019 (PRO Act), which aims to implement stricter federal requirements for determining the status of an independent contractor. The PRO Act recently passed a vote in the U.S. House of Representatives and entered the U.S. Senate. While many expect the PRO Act to fail there, we expect future legislative attempts to amend the law of independent contractors. Companies may want to avoid directing and controlling the means and methods of their contractors` services in management and control.
In National Maintenance Contractors, LLC v. Employment Department, the Oregon Supreme Court stated: „You can certainly tell the carpenter the length of the beam, but it`s another thing to dictate the mark of the saw with which it cuts.” As a general rule, contractors should be given the opportunity to choose the instruments of their trade and the techniques for exercising their services. Companies may also want to avoid entrusting contractors with control in the form of planning, training, monitoring or discipline. 8.7 Full agreement. This agreement constitutes the entire agreement between the parties and replaces all previous agreements or agreements between Oregon Translation and the contractor. The amendments to this agreement must be made in writing and bear the signature of both parties. The waiver of one of the parties to a violation of a provision of this agreement should not be construed as a waiver of a subsequent offence. What is an independent contractor? Under Oregon law, an independent contractor must be: 5.2 No conflict of interest.
For the duration of the agreement, the contractor will not accept work, enter into a contract or accept a commitment inconsistent or inconsistent with the contractor`s obligations or the scope of the services provided to the company under this agreement. The licensee guarantees that there is no other contract or obligation on the part of the holder which, to his knowledge, is inconsistent or inconsistent with this agreement. The contractor undertakes to compensate the company for any loss resulting from the alleged breach by the contractor of service agreements with third parties. The erroneous characterization of an employee as an independent contractor may impose tax notices, penalties and wage and hourly fees on a company. Understanding the difference between an employee and an independent contractor is essential for each company in order to thrive in today`s ever-changing economy, especially in the face of the growing market economy.