Legal Question in Employment Law in Louisiana
Is this an ''independent contractor?''
Recently, my ex-husband has taken to calling himself an ''independent contractor,'' to evade a court-ordered wage assignment for child support. The company for which he works is claiming him as the same thing - an ''independent contractor.''
However...
He performs no other work, aside from the work he does for this company (he does carpentry work for a company that primarily sells/installs vinyl siding), and the work provided by this company supplies his only income.
He does not provide his own materials, does not advertise his ''business,'' has no other clients, and has no employees of his own.
His work with this company is continual and regular, with no set end. He says he is the only carpenter they use, and so he provides all of their labor, in that area.
The company he works with provides workman's comp, liability, and health insurance for him.
He does claim to be handling his own taxes; they are not withheld from his pay.
So, under these conditions, can he truly be considered an independent contractor, or should he be classified as an employee?
1 Answer from Attorneys
Re: Is this an ''independent contractor?''
All the things you list do not make him an employee. He can be an independent contractor. However, there is nothing stopping you from finding out what they pay him. If he is simply slow in paying or is not paying at all, then take him to court for contempt. He'll have to pay the costs. If he is paying on time, then what is the problem?
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