Training "independent contractors"
I've received multiple questions recently about whether employers are required by AB 1825 to train "independent contractors" (who are also known as consultants, ICs, 1099-workers, etc.).
My opinion is that anyone who qualifies as a FEHA "supervisor" must receive training by the company, regardless of the worker's status as an employee, independent contractor, volunteer, etc.
Basically, AB 1825 says to train all "supervisors," and FEHA defines the term as:
So, if an independent contractor does any of this laundry list of activities, including simply "directing" your employees, or "assigning" their work, or "recommending" these actions, then you're required to provide training to that individual.
My opinion is that anyone who qualifies as a FEHA "supervisor" must receive training by the company, regardless of the worker's status as an employee, independent contractor, volunteer, etc.
Basically, AB 1825 says to train all "supervisors," and FEHA defines the term as:
- "any individual having the authority ... to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that action, if ... that authority is not of a merely routine or clerical nature, but requires the use of independent judgment." [Government Code ยง12926(r)]
So, if an independent contractor does any of this laundry list of activities, including simply "directing" your employees, or "assigning" their work, or "recommending" these actions, then you're required to provide training to that individual.
This entry was posted
on Tuesday, November 08, 2005 at 7:49 PM.
