Victoria can claim an injury at work against the contractor who hired her for the job. The independent business test does not apply because the work is in the construction industry. A 2015 state law establishes that a worker is an independent contractor and not a worker when he maintains a work insurance or permit, a link, a social security or employer identification number or has collected employment taxes in the previous year. In addition to these criteria, the worker must also meet at least three of the following criteria: under Nevada law, NRS 608 and following, Nevada workers are treated as independent contractors and not as employees if they fall into one of three categories: just like the tests used by federal authorities to determine whether a person is properly classified as an independent contractor. , the same thumb rules can be applied to tests used by Nevada agencies. These are: Nevada`s Employment Security Division (ESD) is responsible for managing unemployment benefits and collecting national unemployment insurance taxes. If a person is duly considered an independent contractor, the paying party does not have to contribute to the unemployment system. The ESD is probably the most militant when it comes to enforcing its status with respect to independent contractors. He uses what he calls the “ABC test.” It is assumed that everyone is an employee, unless every part of the test is completed. Nevada`s Labor Commissioner`s mission is to enforce Nevada wage and hourly laws, which ensure that workers are properly paid at minimum wage and overtime.
However, when a person is an independent contractor, he or she is not subject to minimum wage and overtime laws. That`s why the Nevada Labor Commissioner, like U.S. DOL, is investigating possible classification errors. Nevada`s primary authorities, who care about whether someone is misclassified as an independent contractor, are nevada`s laboratory commissioner, the Employment Security Division (which handles unemployment benefits) and the Workers` Compensation Department of the Nevada Industrial Relations Division. Example: Henry is an independent truck driver who works with a delivery logistics company. He injured his knee and back during a delivery. The world of using independent contractors is changing rapidly, which generally makes it more difficult to legally classify a worker… Nevada employers should recognize that in situations where a employment relationship does not meet the criteria for the new status, this does not automatically mean that a court or administrative authority is still unable to determine the existence of an independent contract relationship. On the contrary, if the conclusive presumption created by the new legislation is not triggered, a court will simply consider the same factors as those mentioned above and perhaps other elements of jurisprudence to determine what type of working relationship exists and, upon consideration of these factors, will make a decision. To this conclusion, the courts first address the employer`s control over the worker. However, if the presumption is conclusive, there will be no evidence to the contrary of the conclusion that there is an independent contracting relationship under Nevada law.