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ARTICLE · 03 SEPTEMBER 2015

When is an independent contractor really an employee?

There are a few things that employers should do to ensure that the contractors really are contractors and not employees.

AustraliaEmployment and HR

Independent contractors can be a cost effective way to structure or even supplement your workforce, for when times get busy. A business that has famously used independent contractors is Uber. They are currently the talk of the town. They use a concept that matches people who need a lift somewhere.... with a regular Joe who has a spare seat. Its critics will say it is just like a taxi service, but without any regulation or safety for passengers.

Whatever you think of Uber (or don't think of it, as the case may be) the startup has again made the headlines, this time some of its drivers have commenced an action in California claiming that they are employees of Uber, not independent contractors and should be paid reimbursements, such as fuel. The question of whether a person undertaking work for another is an employee or an independent contractor is one of the most frequently ask questions in employment law. From an employers point of view, using independent contractors

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