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ChapterTitle
Education

Curiously, this is a one-way street—inclined toward Independent contractors entitled
employment relationships. It is very unlikely that a to protections as well
signed employment contract will, by behavior alone, be
interpreted by courts to be an independent contractor Employees are entitled to not be subjected to discrimination
relationship. This bias is, naturally, built to favor the on the basis of gender, race, religion etc. The law does not
protection of employees and their rights under the law. provide as many protections in this regard to independent
contractors. For example, independent contractors who
How can I do the talk and the walk? become pregnant have been denied access to benefits
that they would have been able to access had they been
As an ISO owner, once you have selected the type of employees.
relationship you prefer to have with agents, it’s best to
align your legal agreements, accounting treatment and With ever more people working as independent
personnel practices. To do this, get your lawyer, accountant contractors and remotely, I expect the bar to be raised
and operations people to meet and create a common plan with respect to independent contractor rights, such that
of implementation and action. This will incur costs to the they will get closer to those of employees. Common sense
ISO, but will save the expense of responding to an audit and reasonableness are winning ingredients in any agent
from the Department of Labor or IRS.
relationship whether it’s designated as W-2 or 1099.
Agents should also take stock of their designated
relationship as a W-2 employee or 1099 independent In publishing The Green Sheet, neither the author nor the publisher is
contractor and consider whether the behavior of the parties engaged in rendering legal, accounting or other professional services.
matches the intended relationship. If either party finds a If legal advice or other expert assistance is required, the services of a
mismatch, they should meet to reach an understanding competent professional should be sought. For further information on
and make the necessary adjustments. The most successful this article, please contact Adam Atlas, Attorney at Law via email at
ISOs I've worked with have built their businesses using atlas@adamatlas.com or by phone at 514-842-0886.
mostly employees.

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