Tanya Jachimiak and Brad Fioroto Published in Pathology Today
"Independent Contractors and Wage-Hour Law: A volatile Mixture?"

The article "Independent Contractors and Wage-Hour Law: A volatile Mixture?" by Tanya and Brad in the March 2007 issue of Pathology Today notes that "To save on the time and expense involved in hiring and managing employees, many laboratories supplement their regular workforces with 'consultants' or 'independent contractors.' The trouble is, calling a worker an independent contractor does not necessarily make him or her one. Frequently, workers labeled 'independent contractors' are in fact employees, entitled to all the rights that come with that moniker. Those rights include tax benefits and coverage under discrimination and wage and hour laws. Litigation involving independent contractor wage-and-hour matters is a highly technical affair and on the rise. Prevention, then, is a must. Many of the pitfalls of litigation may be averted with the help of a skillfully drafted independent contracting agreement outlining all responsibilities, expectations, and limitations surrounding the independent contractor's duties in your business. With the right agreement in place, you can rest easier knowing that your potentially volatile mixture of independent contractors and wage-and-hour law has become inert."