INDEPENDENT CONTRACTOR
ASSESSMENT TOOL
2. Business-to-Business Exemption
Question 3/12
3. does the worker render the work directly to your Company rather than to your Company’s customers or otherwise qualifies under the exception?
The worker cannot act on behalf of your company, be the point of contact, or directly interact with your company’s customers when rendering the work unless the worker meets the exception below.
Exception: The worker can render the work directly to your company’s customers if the following are true:
(i) the worker has employees;
(ii) the worker’s employees are rendering the work directly to your company’s customers with a written contract that is under the worker’s business name and not under your company’s name (the contract with your company’s customers is with the worker’s business directly and not with your company itself); AND
(iii) the worker’s business regularly contracts with other businesses