The employment relationship between an employer and an independent contractor is based on contractual work, i.e. both parties agree on terms of employment by written or oral agreement. Contracts should prescribe the specific employment standards of the self-employed contractor as well as the worker`s rate of pay. An independent contract in West Virginia is a contract between a client and a contractor. Although it may be established to take into account the preferences of one of the parties, both the owner and the contractor must sign the provisions that are submitted to it before the work begins. The service to be provided must be detailed in the first part of the form, followed by the payment receivable and when it is provided by the customer (after the completion of the entire service or any other option that appeals to both parties). The nature of the agreement between a client and a contractor requires that the client have no say in the provision of the service, since it is within the contractor`s rights to establish an attack plan for the task. The misclassification of workers as self-employed contractors is a real problem in our country. Not only are poorly ranked workers denied access to health care, minimum wage, overtime compensation and other protective rights for workers, but employers who hire self-employed contractors are not required to keep taxes or insurance on public and federal incomes, which cost countries and governments a long-term deal.
In addition, the U.S. Supreme Court has ruled that there are additional factors that should determine whether a worker is considered an independent employee or contractor or not, including: at Grubb Law Group, we take employment law violations like this incredibly seriously. We do not have our arms crossed when employers are exploiting their workers. We strive to correct such injustices by helping independent contractors and staff fight for their rights and obtain compensation when due. At Grubb Law Group in Charleston, West Virginia, we pride ourselves on our passion for doing the right thing, including protecting the rights of employees, contractors and independent contractors. We understand the complexity of labour law, we can see if it is abused and we know how to seek justice for those who have been harmed by their employers. Employers in West Virginia are required by law to keep valid records of their employees. By misleasing workers as independent contractors, they are not only denying their employees access to valuable services, they are also breaking the law. In general, independent contractors are considered their own bosses, which means they have the right to dictate when and how the work should be completed. If an employer has classified you as an independent contractor and is now trying to direct your work process, you may have a right against the employer for violating your employment rights. The Labour Commissioner and his authorized representatives have the power and power, in carrying out their duties, to enter the territory of any workplace or public body, in order to collect facts and statistics on the employment of workers and to carry out inspections to ensure the proper application of all state labour laws. No employer or landlord may refuse the approval of the Labour Commissioner or his authorized representative if he wishes to be admitted to his place of work, public building or meeting place.
c) Anyone with a criminal record who has not applied for a licence can at any time ask the agent to determine whether the person`s criminal record disqualifies the person from obtaining a licence.