Home Blog Contractor Law: 6 Rights and 5 Tips To Follow

Contractor Law: 6 Rights and 5 Tips To Follow

Jump to Section

Independent Contractor Law

Working as an independent contractor, also known as a ‘contractor’ or ‘IC’, provides you with additional freedom that most employees do not get to experience. However, it is important to understand contractor law since these benefits do not come without legal issues and responsibilities, including those that fall on your and your client’s shoulders.

There are specific independent contractor rules and regulations that both parties must follow, which means that having an agreement in place is vital to your success. As an independent contractor, you have rights, and it is crucial to protect them since a misclassification of your employment can lead to more problems down the road.

What Is an Independent Contractor?

An independent contractor is a business or person that contracts with another company to perform specific services as a non-employee. Independent contractors have direction over the work produced while remaining free from managerial control. An independent contractor’s only expectation is to deliver on the end-product or results.

Independent Contractor vs. Employee

While employees may not notice any differences between themselves and contractors, there are significant legal differences applicable to independent contractor vs. employee designations. These differences typically extend beyond the job title and revolve around taxation, wages, benefits, and authority.

Before accepting a role as an independent contractor, consider the following differences in these types of employment :

  • Independent contractors: Independent contractors are liable for paying their taxes and benefits. They work where and when they want without having to take managerial direction. The IRS designates them as self-employed, which means that they have to pay self-employment taxes.
  • Employees: Employees receive wages, benefits and pay taxes from their paycheck. Their employers have full managerial control over the work that their employees complete, including a regular schedule, designated location, and company-specific training. Full-time employees receive more benefits and protections than part-time ones. Employers also pay payroll taxes on their wages.

As such, there are several significant differences between independent contractors and employees. The primary difference occurs in the level of control that companies exert over your work. If you are not an employee, an independent contractor agreement can prevent disputes from arising in the future.

Potential Issues Around Misclassification of Independent Contractors

When you work with a company as an IC, several laws and rights protect you from the potential issues around misclassification . There is no singular definition of an independent contractor, which means that the system can be abused by companies trying to reduce their payroll costs. While there are steep penalties on the line for employers, including fines, litigation, and settlements, misclassification of your employment status significantly affects you, too.

These most significant financial and legal issues that misclassified ICs face includes:

  • Paying too much for self-employment and income taxes
  • Not receiving benefits other employees receive
  • Taking unnecessary managerial direction and control
  • Giving unlawful organizations an unfair competitive advantage
  • Not receiving mandated employee protections
  • And other legal issues as applicable

The misclassification of independent contractors can take several forms. Legitimate businesses do not engage in these practices and seek to proactively remain compliant with all applicable rules and regulations at the city, county, state, and federal levels.

You have a specialized skill and a vested interest in your business that helps you earn a profit. Independent contractors should not have to pay more money or endure restricted freedoms because an unsavory company wants to reduce legitimate business expenses.

List of Independent Contractor Rights

As an independent contractor, familiarizing yourself with your rights is critical to ensure that you comply with the law and that companies are not getting away with treating you like an employee. Understanding your responsibilities also means that you will better manage your business without paying unnecessary taxes or working longer hours than necessary.

Independent contractor rights are as follows:

  • RIGHT #1: Right to enter into a contract
  • RIGHT #2: Right to make decisions and exert control over your work
  • RIGHT #3: Right to work where and when you want
  • RIGHT #4: Right to advertise and sell
  • RIGHT #5: Right to receive compensation
  • RIGHT #6: Right to contract with others

It is equally important to recognize that numerous state and federal laws apply to your business. Ultimately, you have the right to operate like any other with specific limitations regarding how much control your client has over the process. Speak with a business attorney if you have questions about your rights in this capacity.

Federal Laws for Independent Contractors

Government agencies and departments, like the Internal Revenue Service (IRS) and Department of Labor (DOL), oversee laws and regulations regarding independent contractors and employers. The IRS handles taxation while the DOL determines classification.

Determining whether you should be designated as an independent contractor or employee depends upon core factors of common law rules :

  • RULE #1: The degree and nature of control you have over the work you produce
  • RULE #2: The degree of your opportunity to earn a profit or incur a loss
  • RULE #3: The types of employment contracts involved, if any

There are other factors that federal laws consider, including the specialization of your skills, length of the relationship, and more. As you can see, these rules not only help you assert your rights but also simultaneously stress the importance of having a well-defined independent contractor agreement to avoid future problems.

Contractscounsel Contractor Using Laptop

Image via Pexels by Tima Miroshnichenko

Independent Contractor Laws By State

In addition to federal laws, state-specific laws may designate you an employee, even if you believe you are working as an IC. Some states, such as California, Virginia, and New Jersey, have more stringent rules related to employee and independent contractor classifications.

These states use a three-prong test, sometimes known as an ABC test, which considers you to be an employee unless the following factors apply:

  • TEST #1: You are free from managerial direction and control
  • TEST #2: You provide services to your client that are not within their normal scope of business offerings
  • TEST #3: You are routinely engaged as a business performing the same services for every client

If you meet the three elements above-referenced, then you are an independent contractor. Ensure that you are protecting your rights and meeting your obligations when this designation is proper for your business or employment status.

Protecting Yourself as an Independent Contractor

Now that you understand your rights, you can take steps to take right now to legally and financially protecting yourself as an IC. It is vital to remain proactive in your duties to avoid potential legal issues in the future. Communication is essential to facilitating this process.

Five tips to protecting yourself as an independent contractor:

  • TIP #1: Maintain financial and business records for at least seven (7) years in case disputes or questions arise
  • TIP #2: Consider establishing a limited liability company (LLC) to separate your finances
  • TIP #3: Get a professional liability insurance policy to protect you against litigation
  • TIP #4: Have an independent contractor agreement in place to ensure that you and your client have reached a mutual understanding
  • TIP #5: Routinely work with a business lawyer to advise you of legal issues

An independent contractor has a different relationship with a business than that of an employee. In general, the scope and depth of your work determine how you should be treated, and you are well within reason to assert your rights if they are violated.

Drafting an independent contractor agreement beforehand is smart when approaching and formalizing relationships with clients to mitigate problems. Get started with ContractsCounsel and create a project posting today at no cost.


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


How ContractsCounsel Works
Hiring a lawyer on ContractsCounsel is easy, transparent and affordable.
1. Post a Free Project
Complete our 4-step process to provide info on what you need done.
2. Get Bids to Review
Receive flat-fee bids from lawyers in our marketplace to compare.
3. Start Your Project
Securely pay to start working with the lawyer you select.

Meet some of our Lawyers

Diana M. on ContractsCounsel
View Diana
5.0 (1)
Member Since:
September 22, 2020

Diana M.

Patent Attorney
Free Consultation
Boca Raton, FL
14 Yrs Experience
Licensed in FL, TX
Florida Coastal School of Law

Diana is a registered patent attorney and licensed to practice law in Florida and in federal courts in Florida and in Texas. For nearly a decade, Diana has been known as the go-to brand builder, business protector, and rights negotiator. Diana works with individual inventors, startups, and small to medium-sized closely held business entities to build, protect, and leverage a robust intellectual property portfolio comprising patents, trademarks, copyrights, trade dress, and trade secrets.

Recent  ContractsCounsel Client  Review:
5.0

"Diana was professional, thorough and a delight to work with. I will be a repeat customer. --Tom"

Seth S. on ContractsCounsel
View Seth
5.0 (2)
Member Since:
October 1, 2020

Seth S.

Attorney
Free Consultation
New York
12 Yrs Experience
Licensed in NY
Touro Law School

I am an attorney admitted in NY, with over 6 years of experience drafting, reviewing and negotiating a wide array of contracts and agreements. I have experience in Sports and Entertainment, Real Estate, Healthcare, Estate Planning and with Startup Companies. I am confident I can assist you with all of your legal needs.

Recent  ContractsCounsel Client  Review:
5.0

"Seth was great! Super responsive and knowledgeable about acquisitions. He spent the time to ask questions I would have never thought of and really covered all bases. Thanks Seth!!!"

Rishma E. on ContractsCounsel
View Rishma
5.0 (1)
Member Since:
October 1, 2020

Rishma E.

Attorney-at-Law
Free Consultation
Miramar, FL
12 Yrs Experience
Licensed in FL
St. Thomas University School of Law

Rishma D. Eckert, Esq. is a business law attorney who primarily represents domestic and international companies and entrepreneurs. A native of both Belize and Guyana, she remains engaged with the Caribbean community in South Florida: as a Board Member and General Counsel for the Belize American Chamber of Commerce of Florida, and Member of the Guyanese American Chamber of Commerce. She holds a Bachelor of Laws degree (LL.B.) from the University of Guyana in South America, a Master’s degree in International and Comparative Law (LL.M.) from Stetson University College of Law in Gulfport, Florida, and earned a Juris Doctor degree (J.D.) from St. Thomas University School of Law in Miami, Florida. Licensed to practice in the State of Florida and the Federal Court in the Southern District of Florida, Mrs. Eckert focuses her passion and practice on domestic and international corporate structuring and incorporation, corporate governance, contract negotiation and drafting, and trademark and copyright registrations.

Recent  ContractsCounsel Client  Review:
5.0

"I loved working with Rishma. She answered all my questions and concerns. I feel at ease setting up my business; I've learned a lot from Risham and value her feedback. I will be definitely be using her again in the near future."

Kiel G. on ContractsCounsel
View Kiel
5.0 (1)
Member Since:
October 2, 2020

Kiel G.

Principal
Free Consultation
Hollywood, FL
9 Yrs Experience
Licensed in FL
Florida State University

Founder and Managing partner of Emerald Law, PLLC, a business law firm specializing in contract drafting and corporate transactions. Kiel worked as in house counsel for a variety of companies before launching his own firm, and most recently served as the Chief Legal Officer for an international private equity firm.

Maxwell L. on ContractsCounsel
View Maxwell
4.9 (4)
Member Since:
September 24, 2020

Maxwell L.

Lawyer, Owner
Free Consultation
New Berlin, WI
15 Yrs Experience
Licensed in WI
Marquette University Law School (JD)

Firm rated best ADR firm for Wisconsin and won an award for cultural innovation in dispute resolution from acquisition international magazine in 2016 and it was rated "Best of Brookfield" by Best Businesses in 2015. Attorney Maxwell C. Livingston was rated 10 best in Labor & Employment Law by American Institute of Legal Counsel and 40 Under 40 by American Society of Legal Advocates for 2016; he also won 10 Best by American Institute of Family Law Attorneys. He is licensed in Wisconsin in all state and federal courts, and in the 7th Circuit Court of Appeals, wherein he won a landmark decision in McCray v. Wielke.

Recent  ContractsCounsel Client  Review:
5.0

"Great information and very helpful and patient. Highly recommend for what was needed."

Bryan B. on ContractsCounsel
View Bryan
4.9 (189)
Member Since:
October 1, 2020

Bryan B.

Lawyer
Free Consultation
Austin, TX
10 Yrs Experience
Licensed in TX
Penn State Law

Experienced attorney and tax analyst with a history of working in the government and private industry. Skilled in Public Speaking, Contract Law, Corporate Governance, and Contract Negotiation. Strong professional graduate from Penn State Law.

Recent  ContractsCounsel Client  Review:
5.0

"It was a pleasure working with Bryan. I highly recommend Bryan and will use his services in the future."

Jane C. on ContractsCounsel
View Jane
4.9 (152)
Member Since:
October 8, 2020

Jane C.

Attorney
Free Consultation
New York
21 Yrs Experience
Licensed in CT, DC, NY
Pace University School of Law

Skilled in the details of complex corporate transactions, I have 15 years experience working with entrepreneurs and businesses to plan and grow for the future. Clients trust me because of the practical guided advice I provide. No deal is too small or complex for me to handle.

Recent  ContractsCounsel Client  Review:
5.0

"Jane was great! Very responsive and engaged. Highly recommend!"

Blake L. on ContractsCounsel
View Blake
4.8 (2)
Member Since:
September 22, 2020
Brandon L. on ContractsCounsel
View Brandon
Member Since:
October 1, 2020

Brandon L.

Managing Partner, Attorney
Free Consultation
Dallas-Fort Worth
15 Yrs Experience
Licensed in TX
Juris Doctor – Pepperdine University School of Law – Malibu, California

Brandon is a Texas Super Lawyer®, meaning he is among the top 2.5% of attorneys in his state. He has designed his practice to provide a unique ecosystem of legal support services to business and entrepreneurs, derived from his background as a federal district law clerk, published biochemist, and industry lecturer. Brandon is fluent in Spanish, an Eagle Scout, and actively involved with the youth in his community. He loves advocating for his clients and thinks he may never choose to retire.

Richard E. on ContractsCounsel
View Richard
Member Since:
October 1, 2020

Richard E.

Senior Partner, Attorney
Free Consultation
Dallas-Fort Worth
18 Yrs Experience
Licensed in TX
Juris Doctor – University of LaVerne College of Law

Richard is a wizard at taking on bureaucracies and simply getting the job done. His clients value his straight-forward counsel and his ability to leverage a top-notch legal staff for efficient and effective results. Richard is a professional engineer, professor of law, and has been named among the top 2.5% of attorneys in Texas by the Super Lawyers®. When he is not driving results for his clients, Richard can be found with his small herd on his Texas homestead.

Mark A. on ContractsCounsel
View Mark
Member Since:
October 2, 2020

Mark A.

Attorney
Free Consultation
Jacksonville, FL
22 Yrs Experience
Licensed in FL
University of Florida

Mark A. Addington focuses his practice primarily on employment litigation, including contractual disputes, restrictive covenants (such as non-competition, non-solicitation, or confidential information restrictions), defense of wage and hour, harassment, retaliatory discharge, disability, age, religion, race, and sex discrimination.

Find the best lawyer for your project

Browse Lawyers Now

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Need help with a legal contract?

Post Your Project

Get Free Bids to Compare

Hire Your Lawyer

CONTRACT LAWYERS BY TOP CITIES
See All Employment Lawyers
CONTRACTOR LAW LAWYERS BY CITY
See All Contractor Law Lawyers

Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.

View Trustpilot Review

I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.

View Trustpilot Review

I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.

View Trustpilot Review

How It Works

Post Your Project

Get Free Bids to Compare

Hire Your Lawyer

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city