Hiring Independent Contractors in Oregon

The National Law Review describes the Oregon landscape for Independent Contractors:

The state of Oregon has six agencies that regulate the employment of individuals in Oregon: the Department of Revenue, Employment Department, Construction Contractors Board, Landscape Contractors Board, Department of Consumer and Business Services’ Workers’ Compensation Division, and Bureau of Labor and Industries’ Civil Rights Division and Wage and Hour Division.

These agencies use different legal tests to determine whether or not an individual qualifies as an independent contractor. Thus, a finding of independent contractor status by one agency does not guarantee the same finding by another. For example, the Department of Revenue might find a worker to be an independent contractor, while the Workers’ Compensation Division might consider that same worker an employee.

The Department of Revenue, Employment Department, Construction Contractors Board, and Landscape Contractors Board apply a statutory test to determine independent contractor status. The Civil Rights Division and the Workers’ Compensation Division both apply a common law right-to-control test. And the Wage and Hour Division applies a common law economic realities test.

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