Independent Contractor vs. Employee Status

BRG experts address and answer whether independent contractors are, in fact, independent.

Expert analysis.

An issue that has recently grown in prominence concerns the status of those who provide certain “labor” services to companies and other organizations. This is commonly known as the issue of independent contractor versus employee status. The main question is whether independent contractors are, in fact, independent. Defendants and plaintiffs have retained BRG Labor and Employment experts to address and answer this question. The industries most prominently represented in such retentions include telecommunications, transportation, delivery, and travel.

BRG experts analyze the work performed by independent contractors by applying a multifactor model of contractor independence. They also analyze the terms of contracts between companies (and other organizations) and independent contractors. In some cases involving independent contractor delivery drivers and limousine drivers, BRG experts have analyzed global positioning system (GPS) data to determine the extent to which drivers perform work covered under their contractual relationships and other, non-covered work. Our experts also analyze the extent to which independent contractors are supervised in performing their work, the extent to which they follow standard operating procedures specified by the organizations that contract with them, the extent to which they hire and utilize subcontractors, and the terms of ownership of the vehicles and other equipment they use in performing their work.

BRG experts have testified about independent contractor versus employee status conflicts in courts and in arbitration hearings. Companies and other organizations have used their reports to revise the terms of independent contractor contracts and relationships and to change how independent contractors are monitored, evaluated, and paid.