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  1. #1
    Join Date
    Feb 2016
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    Default Legal Consequences of Requiring Independent Contractors to Wear Uniforms

    I'm wondering what the rules are for having an independent contractor wear a uniform. I understand that if they do then it increases the liability on the company.

    "Uniforms can also be tricky, but most businesses using contractors can get away with requiring uniforms as long as it is a client preference, visibility issue or even a safety concern. If it is important for your company’s branding and cohesiveness to mandate that contractors use uniforms, then make sure the contractors understand that clients demand it in order for them to feel comfortable working with an ‘outside’ professional."

    Can you charge an independent contractor a "marketing fee" for wearing your uniform?

    How does Lyft get away with giving all of its drivers the mustache?

    How does Lyft get away with avoiding the liabilities involved with giving their independent contractors company logos.

    I'd like to give my independent contractors the Option to wear company uniforms because it makes the customer feel more comfortable. But i'm not sure how. Perhaps charge them a fee?

  2. #2
    Join Date
    Oct 2006
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    16,474

    Default Re: Independent Contractors Wearing Uniforms

    Quote Quoting mooni
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    I'm wondering what the rules are for having an independent contractor wear a uniform. I understand that if they do then it increases the liability on the company.


    "Uniforms can also be tricky, but most businesses using contractors can get away with requiring uniforms as long as it is a client preference, visibility issue or even a safety concern. If it is important for your company’s branding and cohesiveness to mandate that contractors use uniforms, then make sure the contractors understand that clients demand it in order for them to feel comfortable working with an ‘outside’ professional."

    Can you charge an independent contractor a "marketing fee" for wearing your uniform?

    How does Lyft get away with giving all of its drivers the mustache?

    How does Lyft get away with avoiding the liabilities involved with giving their independent contractors company logos.

    I'd like to give my independent contractors the Option to wear company uniforms because it makes the customer feel more comfortable. But i'm not sure how. Perhaps charge them a fee?
    Are you going to provide the uniforms or make them purchase them? Are you sure that you are not misclassifying employees as independent contractors?

  3. #3
    Join Date
    Feb 2016
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    15

    Default Re: Independent Contractors Wearing Uniforms

    please read the question before replying.

  4. #4
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    Default Re: Independent Contractors Wearing Uniforms

    Given this would be a contractual matter you (contractor and contractee) can agree to anything as long as it's not an illegal act.

  5. #5
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    Feb 2016
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    Default Re: Independent Contractors Wearing Uniforms

    Quote Quoting jk
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    Given this would be a contractual matter you (contractor and contractee) can agree to anything as long as it's not an illegal act.
    The goal is to figure out what is illegal and what is legal. Uber and Lyft got sued, so contractual agreements only go so far. The company has to operate correctly.

    Anyways im just hoping someone has some knowledge with uniforms and Independent contractors.

  6. #6
    Join Date
    Nov 2013
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    7,056

    Default Re: Independent Contractors Wearing Uniforms

    I don't understand the problem. A contract that is signed by the contractor and the company is binding on both. There is no legal or illegal unless the provision violate some Federal or state law such as something discriminatory.

    If you want your contractors to wear uniforms, then you put it in your contract. If you want them to pay for their uniforms as a condition of employment, you put that in your contract. If you provide the uniforms, put that in your contract.

    What is the problem? Did you ever eat at Hooters?

  7. #7
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    Jan 2006
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    Default Re: Independent Contractors Wearing Uniforms

    Quote Quoting mooni
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    The goal is to figure out what is illegal and what is legal. Uber and Lyft got sued, so contractual agreements only go so far. The company has to operate correctly.

    Anyways im just hoping someone has some knowledge with uniforms and Independent contractors.
    Illegal as in referring to committing a crime, ya know, like murder for hire, cousin Vinny debt collections, that sort of thing.

    What you are talking about are purely business issues.

    Quote Quoting mooni
    View Post

    You think you can just put anything in your contract and get away with it.
    as long as it is not contracting for an illegal act, you pretty much can.

    Of course if you are misclassifying employees as IC's well, that would be an illegal act and not enforceable.


    The problem is there is no bright line distinction of what is an employee and what is an IC. It is determined on a case by case basis. UPS was sued not long ago but I think they still continue to use IC delivery drivers (yep, same uniform as the corporate drivers).

  8. #8
    Join Date
    Jan 2006
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    38,867

    Default Re: Independent Contractors Wearing Uniforms

    Quote Quoting mooni
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    Anyways im just hoping someone has some knowledge with uniforms and Independent contractors.
    to the very simple question about the uniform;

    yes, you can require them to wear a uniform. It is actually quite common and fully enforceable as long as the contract is otherwise enforceable.

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