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  1. #11
    Join Date
    Nov 2013
    Posts
    6,205

    Default Re: Can an Employer Charge an Independent Contractor for Use of Equipment

    Quote Quoting hr for me
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    agreed....
    And I disagree. Unless there is something in the IC's contract that says they have to use the employer tablet or software (or the employer equipment) , they don't have to comply . If it is not specified in the IC contract, they don't have to comply. All they have to do is complete the contract (the project) as defined. If this is an ongoing project with no completion date or result, then this is a case of misclassified employee as an IC.

  2. #12
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,890

    Default Re: Can an Employer Charge an Independent Contractor for Use of Equipment

    There is no single factor that automatically makes someone an employee rather than an IC, or an IC over an employee. It is a preponderance of evidence, using a set of 20 factors. Not just one.

  3. #13
    Join Date
    Nov 2013
    Posts
    6,205

    Default Re: Can an Employer Charge an Independent Contractor for Use of Equipment

    I disagree with you. The courts in all the states have set down tests that determine whether a person is an independent contractor or an employee. The first test is whether or not the employer has control over the work of the contractor. If they do, strike one. An independent contractor is not under the control of the company hiring them. The relationship is governed by contract. If the company does control what the IC does, they are not an IC

    The next test is does what the IC does the same work as what the company does. If the IC does the same work as what the employer does, then they are an employee. An IC is hired to preform work that the employer does not do in the normal course of work.

    What is this this 20 factors that determine that an a person is an employee or an IC.

  4. #14
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can an Employer Charge an Independent Contractor for Use of Equipment

    budwad, you misunderstand the control test, which is as everybody here but you has described. Here is a summary of the 20 factors.

  5. #15
    Join Date
    Nov 2013
    Posts
    6,205

    Default Re: Can an Employer Charge an Independent Contractor for Use of Equipment

    I don't think that anything I have posted is contrary to the 20 tests contained in the Michigan law. I still don't think that OP has to comply with the tablet or software requirement if they are indeed and IC.

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