The views expressed are those of the author and do not necessarily represent the opinions and official policies of CDA. KNOWTHE LAW Is a DentalTeamMember an Employee or Independent Contractor? Inna Koldorf is a partner in the Employment and Labour Law Group at KPMG Law LLP in Toronto. Her work includes helping employers with managing their workforce, providing advice, representing employers in litigation and conducting workplace investigations. As a general rule, businesses often prefer to classify workers as independent contractors because it createsmoreflexibility around managing both people and costs. Workers, on the other hand, typically prefer to be classified as employees because they benefit from legal protections and benefits that aren’t provided to independent contractors. “These competing interests can create a push-and-pull situation, which needs to be balanced carefully, between small businesses and workers,” says Inna Koldorf. “Business owners need to know the benefits and costs of each classification as well as how they are defined under the law.” In the broadest terms, an employee’s work serves and is controlled by the business they work for, while an independent contractor is a person who is in business on their own account. “A worker’s status determines the business’ obligations to the worker and how taxes are paid for that worker,” says Koldorf. 27 Issue 5 | 2023 |
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