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  1. #11
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    Nov 2015
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    Default Re: Can You Require Independent Contractors to Follow a Dress Code

    Quote Quoting kspeer
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    Thank you! We initially met with lawyers for the set up of our independent contractors and business structure, which is how we produced our current contracts. We do not have another meeting with the office for about 2 weeks, and we were told to think of any additions/revisions to the existing contracts. I'm just trying to do some homework ahead of time. No need to include a guideline for precautionary safety attire if it's not a possibility.

    I have found other IC contracts which include sections for the Occupational Safety and Health Act, however, I was originally under the impression that OSHA requirements only applied to actual employees. Which is where my confusion on this subject is stemming.
    OSHA applies all around. Again, you can make any requirement that you wish regarding PPE. The PPE that you wish to require would be an expectation in many industries and is spelled out in contracts and contractor handbooks.

    The question that many are addressing is whether the folks who work for you are legally ICs. There are actual requirements to be met for someone to be and IC rather than an employee.
    "Where do those stairs go?"
    "They go up!"

  2. #12
    Join Date
    Oct 2016
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    2,878

    Default Re: Can You Require Independent Contractors to Follow a Dress Code

    Quote Quoting adjusterjack
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    Can't wait to see how PayrolGuy explains why he's treating these farm workers as independent contractors.

    Should be a hoot.
    I'm not treating these people as either IC or employees. I even started my reply with "Classification Issues aside,..." and answered the OP's question about protective gear in a way that the classification of the people didn't matter, because it doesn't.

  3. #13
    Join Date
    Mar 2013
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    16,871

    Default Re: Can You Require Independent Contractors to Follow a Dress Code

    Quote Quoting PayrolGuy
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    I'm not treating these people as either IC or employees. I even started my reply with "Classification Issues aside,..." and answered the OP's question about protective gear in a way that the classification of the people didn't matter, because it doesn't.
    Sorry, I had a brain fart. I meant to refer to kspeer.

    Quote Quoting kspeer
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    We initially met with lawyers for the set up of our independent contractors and business structure,
    How did the lawyers justify treating those workers as independent contractors?

    And shouldn't you be asking those lawyers about the dress code?

  4. #14
    Join Date
    Aug 2017
    Posts
    9

    Default Re: Can You Require Independent Contractors to Follow a Dress Code

    The existing contracts are existing. They are contractors. I can ask my lawyer's office when I go in for the next meeting, but they aren't receptive to conversations without setting an appointment. This is why I'm trying to do some research prior to the next appointment. If it's totally out of the question, I'm not going to waste their time.

    I don't want to mandate that my contractors wear a uniform or a logo, I just want them to be smart when on a farm and/or dealing with animals that could be potentially dangerous. Common sense: You don't just walk into a 10x10 barn stall with a <2000lb draft horse wearing flip flops. It's simply not safe or smart. Obviously if the IC were going to clean a litter box, this type of precautionary step is unnecessary.

    I simply want to outline that heavy pants and close toe shoes are necessary for some jobs. I would just like someone with more knowledge than me to say "Hey, you're barking up the wrong tree here, that's not a thing with IC's" or "Yeah you can add that sort of thing into IC agreements."

    Thanks in advance!

  5. #15
    Join Date
    Feb 2008
    Posts
    1,113

    Default Re: Can You Require Independent Contractors to Follow a Dress Code

    Yes, you can. But I would also consider reading through here: https://www.irs.gov/businesses/small...ed-or-employee under Common Law Rules....Especially if your attorneys don't normally deal in employment law... It's easy to write a contract but not so easy to go through the analysis as shown on that link...behavioral control is probably going to be the factor in play and under "how to work". This is the best

    Honestly that is the bigger question that you should be asking and what others are trying to offer you as will I ..... Because a contract itself can not override the employee classification (that is the person can't sign away employment rights if they are misclassified)....

  6. #16
    Join Date
    Oct 2016
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    2,878

    Default Re: Can You Require Independent Contractors to Follow a Dress Code

    Quote Quoting kspeer
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    I simply want to outline that heavy pants and close toe shoes are necessary for some jobs. I would just like someone with more knowledge than me to say "Hey, you're barking up the wrong tree here, that's not a thing with IC's" or "Yeah you can add that sort of thing into IC agreements."

    Thanks in advance!
    You can mandate that ANYONE coming on to your facility wear whatever safety equipment/clothing you and/or OSHA feel is needed. Employees, ICs, Customers or People just wandering in off the street.

    I'm sure you have seen construction areas that have signs that say "Hard Hat Area". Same thing.

  7. #17
    Join Date
    Mar 2013
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    16,871

    Default Re: Can You Require Independent Contractors to Follow a Dress Code

    Quote Quoting kspeer
    View Post

    I simply want to outline that heavy pants and close toe shoes are necessary for some jobs. I would just like someone with more knowledge than me to say "Hey, you're barking up the wrong tree here, that's not a thing with IC's" or "Yeah you can add that sort of thing into IC agreements."
    If you are hiring the Acme Barn Stall Cleaning Co to come in a couple of times a week for a few hours a day to clean your barn stalls and they hand you an invoice when they leave to go to their next client then, yes, there's no problem dictating to the boss of the Acme Barn Stall Cleaning Co how he or his employees dress while on your property.

    Is that what you are doing?

  8. #18
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,901

    Default Re: Can You Require Independent Contractors to Follow a Dress Code

    Jack, show me the law that says IC's can't be required to adhere to a dress code.

  9. #19
    Join Date
    Nov 2015
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    47.606 N 122.332 W in body, still at 90 S in my mind.
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    Default Re: Can You Require Independent Contractors to Follow a Dress Code

    What the OP is describing is not a dress code, it is typical PPE for working in an agricultural/industrial setting. Yes, you can mandate it. This is straightforward.
    "Where do those stairs go?"
    "They go up!"

  10. #20
    Join Date
    Nov 2013
    Posts
    6,220

    Default Re: Can You Require Independent Contractors to Follow a Dress Code

    Generally, if the employer is supplying uniforms, then IC is not IC. But the one good test may be does the employer require a certificate of insurance for the IC. ICs have to carry their own insurance.

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