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setting requirements for independent contractors?

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  • setting requirements for independent contractors?

    our organizations uses independent contractors to provide services at outside agencies for a fee and this a revenue source for our organization. We have confirmed previously that the individuals actually qualify as independents and not employees...

    Recently some of these outside agencies have required a business associate agreement in order for us to continue doing business with them. These agreements now include 1) criminal background check 2) immunization /health assessment (working in hospitals ) 3) professional liability insurance.

    My question is: can the organization require independent contractors to provide us this information prior to being assigned a job (for current contractors) and can we ask future contractors for the same?

    Will this in any way change our relationship with these contractors or will it put us in a position of being more of an employer?

    THank you

  • #2
    I see no reason (barring a contract provision to the contrary) that would prevent you from setting requirements that independent contractors must meet before they can be assigned to a job.

    While the test for independent contractor versus employee status requires weighing various factors, with no single factor being determinative, it does not seem that the requirements you listed go to the central question of the degree of control exercised over the person performing the work. They are prerequisites for being put in a position to do the work and do not directly affect how the work is performed.
    David K. Staub (www.illinoisbusinessattorney.com)
    Forum posts are not legal advice, are for informational and educational purposes only, and are not a substitute for proper consultation with legal counsel.

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