A year and a half ago today, our blog post was titled, "How
to Make Sense Out of All Those Alerts About IC
Misclassification." We noted that, on a daily basis, we see an
array of articles by lawyers warning businesses of impending doom
if they continue to use independent contractors, and consultants
offering quick and guaranteed solutions to the misclassification
dilemma. What we also see all too frequently is IC
misinformation.
Take for example an article published by a legal commentator
recently that asked the question, how long should a company keep an
independent contractor (IC)? The answer given was that six months
is usually recommended as a safe duration and one-year should
usually be considered an outside limit, "assuming that the
other IC criteria are met." The commentator added that every
extra month the contracting relationship is extended, the worker
starts to look more and more like a W-2 employee.
