Legal Question in Business Law in Colorado

I was hired by a graphic house for lawyers that wants all the artists to be independent contractors (no benefits, no insurance, and sometimes they need us up to 80 hours in a week but will leave us hanging for months at a time with no work at all - we don't even know if we have work the next day, we are on call with no retainers (they changed to this from employee status when somebody filed for unemployment). My big problem is that they want to treat us like employees (i.e. deciding to lower our hourly wages, eliminating our cash advances when we travel for trial support, deciding that waiting for delayed airplanes are non-payable). I need some legal advice on how to write a contract that looks out for me� Thanks, Surya


Asked on 8/25/09, 8:34 pm

1 Answer from Attorneys
Robert Murillo Pivotal Legal Ltd.

Your first issue is whether they are incorrectly classifying the artists. What they want is irrelevant as a legal matter. Either you are employees or you are contractors under the applicable legal tests. To determine this will require much more information than you have provided.

As to the contracts, there are various provisions that would be relevant. Have they not provided the artists with their form of contractor agreements?

I would advise that you contact other artists involved with this business then contact an attorney to review the facts and advise you on contracts.

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Answered on 8/31/09, 10:39 pm


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