When the principal has the "right of control," the worker will be an employee even if the principal never actually exercises the control. If the principal does not have the right of control, the worker will generally be an independent contractor.
Submit a paper Report of Independent Contractor(s) (DE 542) using one of the following options: Downloading a fill-in DE 542 (PDF). Ordering the form to be mailed to you through our Online Forms and Publications. Printing your data directly from your computer to the DE 542 by following the Print Specifications (PDF).
People who are not employed by the employer, such as independent contractors, are not covered by the anti-discrimination laws.
A worker is considered an independent contractor if they meet all three of the following conditions: The person is independent of the hiring organization in connection with the performance of the work. The person performs work outside the course of business for the hiring organization.
Deciding Who Is Covered People who are not employed by the employer, such as independent contractors, are not covered by the anti-discrimination laws.
Laws such as the Americans with Disabilities Act, the Family Medical Leave Act, the Civil Rights Act of 1964 or ADEA are only applicable to employees, not contract workers or independent contractors.
Which employees are protected under the NLRA? Most employees in the private sector are covered under the NLRA. The law does not cover government employees, agricultural laborers, independent contractors, and supervisors (with limited exceptions).
The general rule is that an individual is an independent contractor if the person for whom the services are performed has the right to control or direct only the result of the work and not what will be done and how it will be done. If you are an independent contractor, then you are self-employed.
This subchapter shall not apply to an employer with respect to the employment of aliens outside any State, or to a religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such ...
Independent contractors are not employees under the ADEA, and as such, are not protected against age discrimination. See 29 U.S.C. § 630(f). You should be aware, however, that just because you employer labels you an independent contractor does not necessarily mean that legally you are an independent contractor.