My employer wants me to track & train contractors (as well as employees). The training is fairly generic, but does have specific components that teach people how to do the our tasks / methods .Most of the attendees would be employees. Several managers want to include contractors and track attendance of them because they say they are an 'integral part" of the process they are learning. Previously an HR person told me NO to training any contractor for any reason. And our Learning Management system is set up so that I can't even include them in rosters and they cannot sign up. A new HR rep is saying it's OK to include contractors as long as the training is specific to the business and not generic. I say it doesn't matter & it would open us up to huge liability. Who is right?
General Practice Lawyer
This is a very complicated area which would require much more detail and discussion with an attorney to reach a decision. Therefore, I strongly suggest that you consult with a labor/employment attorney as soon as possible.
There are subtle distinctions that can make a difference in whether someone is an independent contractor, contractor, or employee. With contractors, the contract is the critical indicator whether the company has a right to control the work or not.
I again state that you should meet with an attorney to get legal advice in making your final decision. Good luck!
My response herein is an attempt to give you general information and direction and is not intended to constitute an attorney-client relationship as perceived by state law.