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Michigan 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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An employer-employee relationship is a prerequisite for determining whether an individual is eligible for workers' compensation coverage. Special rules that are designed to protect employees apply to workers' compensation. In determining whether an individual is covered as an employee under the workers' compensation laws, the state will inquire not only whether the worker has the right of control, but also whether the worker is a member of the class targeted for protection by these enactments. For example, someone working in the employer's plant and using the employer's equipment would be more likely to expect the employer to take the responsibility for accidental injuries and would have a greater chance of being considered an employee. On the other hand, a person engaged in repairing the employer's building and using his or her own ladders and scaffolds should probably be prepared to take on this responsibility, and this worker is likely to be classified accordingly. Note that there is an inherent bias in favor of awarding workers' compensation benefits (and conferring immunity to lawsuits on the employer) and thus a corresponding tendency to find that an employment relationship exists if such a finding is at all ...

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Michigan 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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Record retention is complex and time consuming. However, in addition to complying with various federal and state laws, keeping good, well-organized records can be very helpful in documenting and supporting an organization’s employment actions.
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