Michigan Independent Contractors laws & HR compliance analysis

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. In addition, neither the Elliott-Larsen Civil Rights Act nor the Michigan Whistleblower Protection Act applies to independent contractors.
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In Michigan and elsewhere, the most important or significant consideration in determining employee or contractor status is the fundamental question of control. Conversely, the lack of the employer's right to control the mode of doing the work is the primary consideration in bona fide independent contractor status.
Under Michigan law, an individual who performs services for remuneration is not presumed to be covered by the unemployment compensation requirements unless the individual is under the employer's control or direction as to the performance of the services both under a contract for hire and in fact. An individual who performs services for remuneration under an exclusive contract that provides for the individual's control and direction by a person, firm, or corporation possessing a public service permit or by a certificated motor carrier transporting goods or property for hire is presumed to be covered by the unemployment compensation requirements (MI Comp. Laws Sec. 421.42).
Whether an employee is an independent contractor for purposes of unemployment ...

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