Creating an Independent Contractor Program Supported by Navigator IC
Frequently Asked Questions
Q: Do you have a description of ComplianceHR we can share internally as we are communicating our expectations?
A: (Organization Name) is pleased to share that we have subscribed to ComplianceHR, and now have access to their state-of-the-art solutions designed to help navigate the ever-changing and complex legal employment environment.
As part of our subscription, we will be leveraging ComplianceHR’s Navigator IC solution to help properly classify an individual as an employee or an independent contractor. As part of our process, you may be asked to complete a questionnaire related to the engagement. The email will come from no-reply@compliancehr.com. In preparation, please review this Checklist for details on the type of information you will be asked. Should you have questions, please contact (Organization Program Manager).
Q: Can I use the solution to evaluate contractors internationally?
A: The use case for Navigator IC is limited to the U.S. – the solution does not consider employment laws outside of the U.S., and no international experts have been consulted on the outcomes so we cannot certify that Navigator IC could act as a "proxy" to evaluate contractors working outside of the U.S.
Navigator IC has been designed to provide a risk analysis based on U.S. federal law, along with applicable state and local laws. Its logic looks at all tests considered in a state under unemployment, wage and hour, worker’s compensation, fair employment, and tax laws and provides the risk based on the unique combination of laws within that state. While there may be an “ABC” test that is mainly driving the risk outcome in certain states, the differences in case law between the states can make an important difference in how those statutes have been analyzed by the courts and thus provide different risk outcomes.
For the states that have multiple types of conjunctive-type tests, the logic looks at all of the tests at the same time in order to provide the outcome. Therefore, there really is no way to pick a state that appears to have a similar test to another country and guarantee that the analysis will give you the same risk result.
Q: Is there a way to use Navigator IC so it only applies to U.S. federal law?
A: No, there is not a way to only apply federal across the board; Navigator IC is designed to review each jurisdiction, taking into consideration federal law and the applicable state and local laws for the contractor and project in question.
Q: How are the questionnaires weighed for risk?
A: Navigator IC applies a variety of federal and state tests based on which jurisdiction you select, and then additionally weighs the answers based on how the factors were treated in court cases within that jurisdiction.
Q: How do I change the name of the employer on the report?
A: Your Platform Admin can utilize “User Groups” within the platform to create an alternative “employer name” on the report. Evaluations should be created under the unique User Group they relate to.
Q: Can the questionnaire be reassigned or worked on by multiple individuals?
A: Yes. Refer to the ComplianceHR Knowledge Center’s Navigator IC: Additional Actions for guidance and instructions.
Q: Where can I find more information on technical guidance?
A: In the Navigator IC section of the ComplianceHR Knowledge Center, you will find a training section with written instructions and videos on technical guidance, such as creating multiple evaluations, selecting your workflow, and additional actions for reassigning the evaluation.
This Program Guide is intended to serve as a starting point for educating Human Resources and Legal professionals on certain aspects of legal obligations of employers. It is not a comprehensive resource or a complete explanation of requirements. It offers practical information concerning the subject matter and is provided with the understanding that ComplianceHR is not rendering legal or tax advice, or other professional services. The contents are intended for general informational purposes only, and you are urged to consult your attorney concerning any particular situation and any specific legal questions you may have. For further assistance, please contact your Client Success Manager or the team at support@compliancehr.com.