Partners in workplace safety since 1998

Connecticut business owner claiming he has 1099 contractors gets caught in a lie

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OSHA cited Royal Construction, out of Canton Conn., for seven violations of workplace safety standards at a Farmington work site in 2014. The company contested the citations, claiming the workers at the job site weren’t employees, but instead were independent contractors (Non-W2 Employee) who worked under their own supervision and provided their own tools. Upon further investigation, the Labor Department established that:

  • Royal Construction had employees at the job site, and provided materials, tools, trailer and equipment needed for the project.
  • The owner had control over the workers and work site safety.
  • Royal Construction determined when and for how long the individuals worked; the work was done as part of the regular business of Royal Construction.
  • The company paid hourly wages to the individuals working at the site.

The judge upheld the citations and penalties, ruling that the company misclassified employees as independent contractors.

 

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