QUESTION

What is the law that states that "you can't dictate when, where, or how in independent contractor does the work"

Asked on Sep 10th, 2014 on Employment Contracts - Oklahoma
More details to this question:
On http://labor-employment-law.lawyers.com/employment-contracts/the-special-circumstances-of-an-independent-contractor.html it states that "You can tell an independent contractor when you want the work completed, but you can't dictate when, where, or how this person does the work." My manager does not believe this.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Although it may be codified in some jurisdictions, the common law is that if the party paying a worker exercises too much control over a worker's work, that worker will be considered an employee, not an independent contractor.  Thus, Black's Law Dictionary defines an independent ocntractor as "[o]ne who is entrusted to undertake a specific project but who is left free to do the assigned work and to choose the method for accomplishing it."  Whether a worker is considered an independent ocntractor or an employee can have significant implications for the person hiring the worker, because he/she/it will often be liable for the negligence or other wrongdoing of an employee, but not for the negligence or other wrongdoing of an independent contractor.  THere are also tax implications, including with regard to withholding requirements.
Answered on Sep 11th, 2014 at 2:11 PM

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