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The Missouri Supreme Court has defined an independent contractor as "one who, exercising an independent employment, contracts to do a piece of work according to his own methods, without being subject to the control of his employer, except as to the result of his work" (Vaseleou v. St.
And in fact, under the law, employers cannot be held liable for the acts of their independent contractors. However, just because an employer asserts that a negligent worker is an independent contractor does not shut down the question of employer liability.
Do independent contractors qualify for unemployment insurance? Yes, with the passing of the CARES Act, independent contractors, gig workers, and self-employed individuals are eligible for unemployment insurance if they are unable to work due to COVID-19.
To qualify, individuals must 1) have earned at least $5,000 in self-employment income in the most recent taxable year before they applied for regular unemployment, 2) submit documentation substantiating their self-employment income, and 3) must be receiving benefits from regular unemployment, Pandemic Emergency
Employees at businesses with fewer than two employees. Employees at businesses that have an annual revenue of less than $500,000 and who do not engage in interstate commercei Railroad workers (covered instead by the Railway Labor Act) Truck drivers (covered instead by the Motor Carriers Act)
But in a strict sense, self-employed contractors do not have the rights and protections afforded to employees and workers. However, even if someone is described as being self-employed in their contract and pays tax as a self-employed person, they may in fact have 'worker' or, in some cases, 'employee' status.
Some general protections provided under the Fair Work Act 2009 extend to independent contractors and their principals. Independent contractors and principals are afforded limited workplace rights, and the right to engage in certain industrial activities.
Generally, the FLSA applies to employees of enterprises that have an annual gross volume of sales made or business done totaling $500,000 or more, and to employees individually covered by the law because they are engaged in interstate commerce or in the production of goods for commerce.
FEHA typically protects independent contractors as well as employees.
Unemployment compensation under the PUA program provides for up to 39 weeks of benefits for individuals who are self-employed (including independent contractors).