But I'm An Independent Contractor
Thus far I’ve blogged primarily about matters related to employees within our Movement, and the next several blogs coming up are going to continue to address employment matters such as overtime, pay for travel, employee handbooks, policies, etc.
But, what if you’re not an employee, or what if you’re not sure if you are or are not?
Many activists within the animal advocacy movement consider themselves to be independent contractors - but are you really?
Like many things within the employment realm, the answer to this question is it depends.
That said, let’s look at some of the general tests that are utilized to determine if you actually are an independent contractor, or if you might actually be an employee, regardless of how you are paid, regardless of any independent contractor contract you have with the organization - because none of these matter - you can’t contract out of the law!
Here is a really quick test:
You are likely an employee, in law, if…
you are only doing work for one group within the AAM
you are devoting your full time and attention to that group
you also have business cards with that group’s logo on it
you are on the website
if that group oversees your work
You are likely an independent contractor, in law, if…
you have several clients
you have your own business cards with your own logo on them
you provide your own tools and equipment to be able to do your job
you direct your own work
you don’t appear on any website except for your own
Independent contractor checklist (PDF).
I’ve created a more robust checklist to help you answer this question and you can find it here.
So, the next logical question is whether or not it even matters?
The answer to this is really about risk tolerance. Your own risk tolerance and that of the organization you work for.
Let’s take the example that you are being paid as if you are an independent contractor but, based on the criteria above, you are probably an employee, but neither you nor the organization you work for want to change this. I’d suggest that that is okay, until it isn’t. Imagine your taxes are audited one year. Imagine you are laid off but you aren’t given the necessary paperwork to apply for (un)employment insurance because you weren’t an employee. Imagine you go off on pregnancy or parental leave but you don’t qualify for governmental support because you don’t have employment-based paperwork. And, the list goes on.
When something like this happens, and you find yourself in a bind, things can get messy.
So, I would encourage those of you who are being paid as independent contractors to make sure that you truly are a contractor, and not actually an employee, and that you are comfortable with whatever risks you may be taking.
I want to help to empower you to be the best activist you can be. Please reach out with any questions and I’ll try to answer them in future blogs, anonymously of course!
Always for the Animals,
Krista
This blog series is provided for general information purposes only. It is not intended to provide legal advice or opinions of any kind. No one should act, or refrain from acting, based solely upon the materials provided on this website, any hypertext links or other general information without first seeking appropriate legal or other professional advice.
The intention of this blog is to promote the longevity and engagement level of the activist community within the Animal Advocacy Movement (AAM). The majority of the advice will be geared towards employees within the AAM in Canada and the United States, but may be applicable to other countries. All information provided assumes that the employee works within a non-unionized environment.
Krista spent the first 15 years of her career in human resources including as the Vice President of HR for one of the largest tech companies in the world. Krista then founded a boutique employment law firm in Toronto where she consulted to employers across Canada and the U.S. for a decade. To pursue her true passion, Krista sold her practice to lead Mercy For Animals in Canada where she led twelve undercover investigations into factory farms and slaughterhouses. Today Krista consults with animal protection organizations across North America on matters of organizational development. In addition to holding five degrees and designations in human resources, she is pursuing her doctorate focused on the employment experiences of animal rights activists.