For more information on how to join the CWA as an independent contractor, please click here to contact a union organizer. If you`re not sure if you own the rights to a work you`ve created or a product you`ve developed as an independent contractor, read your contractual agreement. If you see a clause that looks like this – “The Contractor agrees that any work or invention designed, written or created in the performance of work under this Agreement is the sole and exclusive property of the Company” – you probably do not own the rights to that work. If transportation is provided by the labor contractor, the fees for employees can only be deducted from the employee`s salary with the employee`s consent, the costs must not exceed the actual cost of transportation, the costs cannot exceed 3% of that employee`s daily wage, and cannot reduce the daily wage to less than a living wage. comparable to the salaries of permanent employees. The following companies would not be considered contractors and therefore do not need to obtain a construction worker`s license: tangible discoveries and inventions, on the other hand, are subject to patent law. Under patent law, the rights to the object belong to the original creator and are therefore generally held by the employee or independent contractor. As in the Copyright Act, an employer can take control of these rights if there is an assignment provision in the employment contract or in the contract for independent contractors. ARLs are consulted for complex salary adjustments, investigations into the compliance of work independent of the investigative body (i.e., the Air Force or Ministry of Labour), labour disputes between contractors, and other important labour-related issues.
Yes. As long as you recruit, advertise, supply, or employ Oregon state workers, you must comply with Oregon contractor laws and regulations, regardless of where the actual workplace is located, including filing certified payroll forms. Employees of contractual working partners are excluded from all provisions of the agreement relating to insurance (including health insurance, vision, dental and life insurance), the 401k plan, leave (paid and unpaid), leave, leave and all economic provisions. Your employer can`t just call you an independent contractor to circumvent the requirements of federal and state law – if the characteristics of your job are similar to those of an employee, your employer should treat you like an employee. The work of an independent contractor is characterized by independence. You could be an independent contractor if: Unlikely. However, if your employer sends you to do construction work for another, on a site where, for example, your employer does not have a construction contract, has not received a building permit, etc. and receives compensation for it, then your employer would also need a construction worker`s permit. Independent contractors deliver goods or services under the terms of a contract they have negotiated with an employer. Independent contractors are not employees and therefore do not fall under most federal labour laws. They are not protected against discrimination in the workplace by Title VII, nor are they entitled to leave under the Family Medical Leave Act. Employers are not required to pay for the overtime of independent contractors under the Fair Labour Standards Act or to provide accommodations for a contractor`s disabilities under the Americans with Disabilities Act.
An employer is also not responsible for the unemployment or workers` compensation benefits of an independent contractor and is not required to provide a pension or other employment benefits to an independent contractor. In addition, an employer does not have to pay payroll taxes for an independent contractor. Ownership of contract work automatically belongs to the independent contractor if the work does not fall into one of the nine categories listed above and the contractor has not signed any agreement to the contrary. However, an employer may become an owner if the independent contractor agreement expressly gives the employer the rights to the work performed under or under the agreement. It is extremely important to read an independent contractor contract very carefully before signing it to ensure that you are not giving up your valuable intellectual property rights. Independent contractors are not considered “employees” within the meaning of the Fair Labour Standards Act and are therefore not covered by wage and hourly regulations. In general, the salaries of an independent contractor are determined according to his contract with the employer. These contracts often set a deadline for completion of the work, but do not include the fixed hours for the contractor to work on the employer`s construction site. This flexibility is one of the characteristics of an independent contractor relationship. Despite these limitations, joining a union as an independent contractor can bring many useful benefits and resources. The local can help you get health and equipment insurance, give you contract advice and help you find and get a job.
The union can also fight for your legislative interests and offer educational programs. A thriving example of a unit of independent entrepreneurs is the Guild Freelancers, an active group of freelance writers and journalists who organized as part of the Pacific Media Workers Guild, a local chapter of the CWA. Another great example is WashTech (the Washington Tech Workers` Alliance), a CWA site founded in 1998 by Microsoft contract employees. Certified payroll reports are due no later than 35 days after the start of work on each contract and at each consecutive interval of 35 days thereafter. Contractors may submit certified copies of pay slips in person, by mail or by email. Creative works such as songs, articles and works of art are subject to copyright. Under the Copyright Act, 1976, an independent contractor who has created a work for an employer owns the rights to that work, except in certain circumstances. The employer who commissioned the work has the rights only if the work is considered a “work for hire” under the law and the parties have signed a written agreement stipulating that the sponsoring employer is the author of the work.
To be considered a “commissioned work” under the law, it must fall into one of nine categories: (1) a contribution to a collective work, (2) a part of a cinematographic or audiovisual work, (3) a translation, (4) an additional work, (5) a compilation, (6) a teaching text, (7) a test, (8) response material for a test, or (9) an atlas. As an independent contractor, you have the right to ask a state or federal agency to review your employment status. If you think you are an employee and have a problem with your employer regarding your salary or hours of work, click here. If you are being discriminated against and would like to know if you are an employee under the Americans with Disabilities Act or Title VII, please contact the nearest EEOC office. If you meet the exemption requirements of the definition of CLC (see above on “Who is not a contractor”), you do not need a CLC license. However, if you send your team to do construction work for another on a construction site where, for example, you do not have a construction contract and have not received a building permit, etc., and you get compensation for it, then you are acting as a contractor and, yes, you need a license. .