What legal steps should a small business take when hiring independent contractors?
Protecting Your Small Business When Hiring Independent Contractors
When a small business hires independent contractors, there are important legal steps that should be taken to protect both parties. These steps include:
- Drafting and signing a written contract: A written contract ensures that both parties have a clear understanding of the terms and conditions of the work relationship. The contract should specify the scope of work, payment terms, confidentiality, termination procedures, and the independent contractor's status as a non-employee.
- Verifying the independent contractor's status: It's important to verify that the individual is indeed an independent contractor and not an employee to avoid potential legal issues. To do this, the business owner should ensure that the individual has their own tools, sets their hours, works for several clients, and carries their own liability insurance.
- Obtaining necessary permits and licenses: Depending on the industry or type of work, the independent contractor may need to obtain certain permits or licenses to operate legally. It's important for businesses to verify that the independent contractor has obtained any required licenses before involving them in work.
- Establishing clear communication: Communication is key in any work relationship, but particularly when working with independent contractors. The business owner should establish clear lines of communication, establish an agreed-upon schedule for updates and deliverables, and ensure that the independent contractor understands the project expectations.
It's important to note that laws surrounding independent contractors may vary from state to state, and specific industries or types of work may have their own regulations. It's recommended that small business owners consult with a licensed attorney to ensure that they are complying with all relevant laws and regulations when hiring independent contractors.