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Tennessee Independent Contractors: What you need to know

Whether a worker is an “employee” or an “independent contractor” is critical when it comes to such important issues as pension eligibility, workers' compensation coverage, wage and hour law, and many other matters. In some situations, federal law will govern, but the question is most often resolved by looking to state law, particularly in areas such as unemployment tax liability, workers' compensation, and state wage and hour requirements.
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When determining whether an individual is an employee or an independent contractor for purposes of workers' compensation coverage, the following factors are to be considered:
• The right to control the conduct of the work;
• The right of termination;
• The method of payment;
• The freedom to select and hire helpers;
• The furnishings of tools and equipment;
• Self-scheduling of working hours; and
• The freedom to offer services to other entities (TN Code Sec. 50-6-102).
Service performed by an individual is presumed to be covered by the unemployment compensation law whether or not the individual performing the services satisfies the common law definition of an employee unless and until it is proven that:
• The individual has been and will continue to be free from control and direction in connection with the performance of the service, both under any contract for their performance and in fact;
• The service is performed either outside the usual course of business of the organization for which the service is performed or is performed outside of all the places of business of that organization; and
• The individual is customarily engaged in an independently established trade, occupation, profession, or ...

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More on this topic:

expand-collapse sectionEmployee or Independent Contractor?
expand-collapse sectionWorkers' Compensation Issues
expand-collapse sectionUnemployment Compensation Issues
expand-collapse sectionAdditional Information

State Requirements

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Tennessee Independent Contractors Resources

Independent Contractors Products

Employee vs. Independent Contractor Webinar Recording
BLR Webinar: "Employee vs. Independent Contractor: Where’s the Line? How to Make the Proper Call and Stay Out of Court""
Employee vs. Independent Contractor Webinar Recording
BLR Webinar: "Employee vs. Independent Contractor: Where’s the Line? How to Make the Proper Call""
Exempt or Nonexempt Webinar Recording
BLR Webinar: "Exempt or Nonexempt? Determining Employee Classification and Overtime Compensation""
Exempt vs. Nonexempt Webinar Recording
BLR Webinar: "Exempt vs. Nonexempt: How to Find and Fix Misclassification Mistakes""
Exemption Audits Webinar Recording
BLR Webinar: "Exemption Audits: Prepare Now for Stepped-Up DOL Enforcement""
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This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
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  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave


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