September 30, 2020

Volume X, Number 274

September 30, 2020

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September 29, 2020

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September 28, 2020

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New Arizona Independent Contractor Law Now In Effect

Arizona’s “Declaration of Independent Business Status” law went into effect earlier this month. The new law, which appears to be the first of its kind, aims to provide independent contractors and the businesses that engage them greater certainty with respect to their employment status.

Under the new law, independent contractors may sign a Declaration of Independent Business Status (“DIBS”).  The DIBS must be signed and dated by the contractor and contain express acknowledgments that the contractor:

  • Operates an independent business;

  • Is not entitled to unemployment benefits or any other right arising from an employment relationship;

  • Is responsible for all taxes owed on payments received from the contracting party; and

  • Is responsible for any registration, license, or other authorization necessary for the services rendered.

The DIBS must also state that the worker meets six of ten specific criteria that are commonly used to assess a worker’s status. These factors include that the contractor is not insured under the contracting party’s health or workers’ compensation insurance coverage; that the contracting party expects the contractor to provide services for other parties; and that the contractor is not economically dependent on the services performed for or in connection with the contracting party.  The DIBS creates a rebuttable presumption that the worker is an independent contractor if the worker’s independent contractor status is ever challenged.

The use of the DIBS is optional, and the statute specifically states that choosing not to execute such a declaration cannot be evidence that an independent contractor relationship does not exist.  In addition, the execution of the DIBS does not mean the worker can never be found to be an employee. It merely creates a rebuttable presumption to the contrary which the worker will have to overcome to establish employment status.

Even so, businesses in Arizona should take advantage of this new and unique feature of Arizona law that will make it easier to defend their contractor relationships. This is particularly helpful because the Arizona Minimum Wage Act places the burden of proof for establishing an independent contractor relationship upon the party for whom the work is performed, i.e., the business owner.

© 2020 Proskauer Rose LLP. National Law Review, Volume VI, Number 236

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About this Author

Guy Brenner, Labor Attorney, Proskauer Rose, arbitration proceedings Lawyer
Partner

Guy Brenner is a partner in the Labor & Employment Law Department and co-head of the Non-Compete & Trade Secrets Group. He has extensive experience representing employers in both single-plaintiff and class action matters, as well as in arbitration proceedings. He also regularly assists federal government contractors with the many special employment-related compliance challenges they face.

Guy represents employers in all aspects of employment and labor litigation and counseling, with an emphasis on non-compete and trade secrets issues,...

202-416-6830
Carolyn M Dellatore, Labor Employment Attorney, Proskauer Rose law firm
Associate

Carolyn M. Dellatore is an Associate in the Labor & Employment Law Department and a member of the Employment Law Counseling & Training Group, resident in the Newark office. Her practice focuses on the representation and counseling of employers in all areas of employment and labor relations.

973-274-6032