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  1. #1
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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
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    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
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    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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    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
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    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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    Default Re: Independent Contractors Wearing Uniforms

    Quote Quoting budwad
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    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?
    The problem is that I am hiring Independent Contractors. You can't just put whatever you want in the contract. Why do you think Lyft and Uber are getting sued for Millions right now?
    Ill give you some insight. If you have an independent contractor you CANNOT treat them like an employee. IF you do , then the IRS will come after you. end of story. Your contract means nothing if you don't create a contract that agrees with the IRS.

    The relationship between the worker and the company HAS to be an independent contractor relationship.

    You think you can just put anything in your contract and get away with it? People that hire independent contractors avoid payroll taxes, insurance, and liabilities that normal companies with employees have to pay immense sums of money for. The IRS makes absolutely sure your agreement agrees with the independent contractor model.

  8. #8
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    Nov 2013
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    Default Re: Independent Contractors Wearing Uniforms

    I have no knowledge of why Uber of Lyft are being sued. But let me give you some insight.

    The difference between an employee and an independent contractor for the purposes of the IRS regulation is one thing and your contracts with an independent contractor on the issue of uniform is something else.

    So we go back to what llworking asked:

    Are you sure that you are not misclassifying employees as independent contractors?
    https://www.irs.gov/Businesses/Small...ed-or-Employee

    https://www.irs.gov/taxtopics/tc762.html

  9. #9
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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
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    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).

  10. #10
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    Default Re: Independent Contractors Wearing Uniforms

    Quote Quoting mooni
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    You think you can just put anything in your contract and get away with it? People that hire independent contractors avoid payroll taxes, insurance, and liabilities that normal companies with employees have to pay immense sums of money for. The IRS makes absolutely sure your agreement agrees with the independent contractor model.
    Once again, the people you hire are or are not independent contractors based on the common law definitions and the relationship and control the company has over the employee or contractor with respect to behavioral, financial control the company has over the person .

    You cannot classify an employee an independent contractor just because you want to avoid payroll taxes, insurance, and liabilities that normal companies with employees have to pay immense sums of money for.

    Topic 762 - Independent Contractor vs. Employee

    For federal employment tax purposes, the usual common law rules are applicable to determine if a worker is an independent contractor or an employee. Under the common law, you must examine the relationship between the worker and the business. You should consider all evidence of the degree of control and independence in this relationship. The facts that provide this evidence fall into three categories – Behavioral Control, Financial Control, and the Relationship of the Parties.

    Behavioral Control covers facts that show if the business has a right to direct and control what work is accomplished and how the work is done, through instructions, training, or other means.

    Financial Control covers facts that show if the business has a right to direct or control the financial and business aspects of the worker's job. This includes:
    •The extent to which the worker has unreimbursed business expenses
    •The extent of the worker's investment in the facilities or tools used in performing services
    •The extent to which the worker makes his or her services available to the relevant market
    •How the business pays the worker, and
    •The extent to which the worker can realize a profit or incur a loss


    Relationship of the Parties covers facts that show the type of relationship the parties had. This includes:
    Written contracts describing the relationship the parties intended to create
    •Whether the business provides the worker with employee-type benefits, such as insurance, a pension plan, vacation pay, or sick pay
    •The permanency of the relationship, and
    •The extent to which services performed by the worker are a key aspect of the regular business of the company
    If the drivers are considered independent contractors then you write your contract with them any way you choose. Could it be said that if you supply uniforms that is a benefit that moves them into the category of employee, maybe. But I see nothing that says you can't require your ICs to wear a uniform at their own expense.

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