Advertise
Resources
Member, Beacon International Group, Ltd.
Answers to frequently asked questions concerning how federal contractors should distinguish “employees” from “independent contractors,” including which employees must be included in affirmative action programs, have been posted on the Office of Federal Contract Compliance Program’s website.
The FAQ also refers to issues raised by the 1992 Supreme Court’s ruling in Nationwide Mutual Insurance Co. v. Darden, which dealt with employee status, the U.S. Department of Labor said Tuesday in a statement.
These include the factors that should be considered when determining whether an individual has an employment relationship with a contractor, such as the contractor’s right to control, where, when and how the individual performs the job; the skill required for the job; and the job’s location, among other things.
The website also discusses how to apply the Darden factors and provides examples of a Darden analysis.
The FAQ section is available here.
President Barack Obama on Tuesday issued a memorandum calling on the U.S. Department of Labor to propose a rule that would require federal contractors and subcontractors to submit to the department summary data on the compensation paid their employees, including data by sex and race.