Independent contractor tests, nationwide, are unworkable, and in many cases, bad law. Former Labor Secretary Robert Reich in a recent article suggests this test as a replacement:
“Any corporation that accounts for at least 80 percent or more of the pay someone gets, or receives from that worker at least 20 percent of his or her earnings, should be presumed to be that person’s ’employer.’ “
Thoughts? Washington State already applies this, in principle, but tacks on to this requirement a host of other requirements that make it very difficult for many truly independent service providers to be considered independent contractors.
