‘IC-Neutral’ and ‘IC-Minus’ Legislation, Rule-Making and Court Decisions

“IC-Neutral” legislation, rule-making and court decisions refers to new and proposed laws and regulations and new judicial rulings that do not penalize legitimate independent contractor (IC) relationships or alter the test for IC status, but are intended to focus on the misclassification of employees as ICs and, in particular, intentional IC misclassification.  Such laws would include those that deter or discourage IC misclassification by, among other things, increased penalties or other sanctions for improper classification of employees as ICs.

“IC-Minus” legislation, rule-making and court decisions refers to new and proposed laws and regulations and new judicial rulings that are intended to or will result in curtailing legitimate IC relationships by, among other things, altering existing tests for IC status so that those who would otherwise qualify as ICs under the common law or other existing legal tests for IC status will now become “employees” and the maintenance of previously lawful IC relationships will become unlawful.

“IC-Neutral” and “IC-Minus” legislation and rule-making is often a result of political and economic interests being articulated through legislative or administrative change.

Certain of the state laws enacted since July 2007 (as catalogued in the preceding page under Resources / Links) are IC-Neutral while others are IC-Minus.

The following are selected articles, blog posts, and publications that address the issue of IC-Neutral or IC-Minus laws, rule-making and judicial decisions: