Deciding the type of training an independent contractor should complete

Q: Can we require independent contractors to complete the same training as employees take (e.g., antiharassment or safety training)?

Under the Internal Revenue Service (IRS), Independent Contractor classifications hinge on whether the behavioral and financial relationship is controlled by an employer. This relationship isn’t determined by one singular classification, but multiple factors can influence the degree to which a worker is an independent contractor or not.

Considering the behavioral relationship factor, the behavioral relationship between the worker and the employer show whether the employer has a right to direct or control how the worker completes the work. The deciding factor is if the employer has the legal right to enforce control, not if they utilize this right and direct the worker. Behavioral control factors include whether the employer gives direction, the degree of instructions, what evaluation system is in place and whether training is provided.

If an employer subjects the worker to specific instructions about when, where, and how to work and gives detailed instructions, the more control the business exercises over the worker. The rule of thumb is the more specific and detailed the instructions, the more likely that the worker is an employee of the business.