Legal Question in Employment Law in Virginia

Independent Contractor or Employee?

I was on the payroll as an hourly employee for my employer of over 12+ years, working for their small newspaper inputting classified ad data. Recently, they decided to change our status to independent contractors and let us work from home on our own computers. I have no contract or written agreement with my ''client.'' Now they pay us by the character & the rate they established is non-negotiable. ''Take it or leave it.'' They pay everyone the same rate, regardless of experience or tenure with the company. They tell us how the work is to be done to their specifications and we must meet their weekly deadlines. They are my only ''client'' I work for. They also do what I consider to be an ''unfair labor practice'' by taking character counts for each of us (to determine our pay), the day after much editing is done and a portion of our work is not credited to us each week because of this. They refuse to change this practice although they know we feel it is unfair. Beyond all this, do you think I'm really an independent contractor or am I still their employee?


Asked on 3/23/07, 6:54 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Independent Contractor or Employee?

The DOL(Department of Labor) has established specific criteria to distinguish an independent contractor

from an employee. These are available on the DOL's website and I suggest that you review each of them as they may apply (or not)to your specific employment situation which should enable you to arrive at a reasonably reliable answer to your question.

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Answered on 3/23/07, 7:19 pm


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