Q: As an independent contractor, can my employer require that I pursue continuing education "training?"
According to the IRS, as an independent contractor, my employer cannot require that I undergo any "training" to perform the duties of the job. What constitutes as training? I'm an occupational therapist which requires state licensure (New York), which I have, but my new employer is requiring that I pursue additional certification which requires dozens of hours of live classroom continuing education (not provided by employer but by a third party). Doesn't this constitute as required training? Is this legal if they want to pay me as an independent contractor?
A:
Firstly, are you sure that you are an "independent contractor"? How much control does your employer exercise over you? You may actually be an employee. And if you are not paid at least minimum wages, after accounting for the cost of training, all the hours you are required to be available for or work, etc... that might be unlawful?
Independent contractor status is not determined by or subject exclusively to the language of your contract. It's determined by the IRS for tax purposes, by the Department of Labor for unemployment, and there are even different criteria for workers compensation. Employees and employers do not determine your status even if you both employer and you actually think that you are "independent."
Of course, if additional training is required, beyond what the state requires, that factor is one among many which supports an argument that your employer may have greater control over your work and how you do it than you do which could backfire on your employer? Assuming they do not decide to end their relationship with you. And there will be a complex, long list of considerations to evaluate what you actually were in relation to the business which paid you for performing services. Never simple.
So the bottom line is that maybe, to keep your job, whatever you actually are, you might want to complete the training? But then again, your "employer" may have misclassified you, and if that's what they did, they could, potentially, owe you money in the end. Seek legal counsel for further consideration or suggestions.
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