ILI has set very specific contracting standards to avoid the issue of Independent Contractor vs Employee; however, it's been impossible since there is no set legal standards for this field, making it quite difficult for ILI to enforce or request that contractors provide the necessary documentation in order to protect agencies from having contractors trying to get clasified as employees.

1. Interpreters work for multiple agencies
2. They are able to pick and choose wich assignments to accept and from whom
3. They set their own rates
4. ILI does not provide a schedule, nor we provide them with an office locations, tools or supplies
5. They sign an Independent Contractor Agrement and W-9 form
6. They submit their invoice upon completion of assignment
7. ILI Does NOT control the method, or way of them doing or providing their services or whom to work for
8. Contractors Don't have a set schedule, nor do they report to anyone
9. Based on their State, County or Local agencies they may or may NOT be required to get a business license
10. They are to carry their own Errors and Omissions Insurance

Altough we try to request items 9 and 10, the response that we get from 95% of interpreters is that "NO OTHER agency has requested this from them and why should they make this expense" therefore it has made it difficult for ILI to enforce this matter causing this classification issue of Contractor vs Employee.  I think that the reason as to why agencies don't enforce this it's because many interpreting agencies around the US depend on Freelance Interpreters and that has made it very difficult for ILI.  

ILI is in the business to provide work for both contractor and employees, but we need to put a STOP to this madness and we need to find a solution to this major issue.

Although The Department of Labor Standards  has a blog on the California website where they specifically go into details about the different types of interpreters and the difference of contractors vs employees when it comes right down to it, they will back the interpreter even after all of the proper documentation has been presented to show that they are Contractors.  (Example:  Court Certified Interpreters, that have been certified by the Judicial Council of California 95% of the interpreters are Freelance Interpreters, meaning that the majority are on call by the court to provide services directly for the court, but they are also registered with multiple interpreting agencies, whereas they provide or make themselves available for assignments based on the location, rate, etc... Although, the Judicial Council has standard set rates, when interpreters work for agencies they set their own rates, starting from $45.00 to $300 per hour, yet the Judicial Council does NOT require the independent interpreters to provide a business license or the necessary documentation in order to avoid the Contractor vs Employee classification), yet many agencies have been sued and have been required to pay these excessive fees by the labor board because Interpreters want both of best worlds!

Also the state says and has or requires agencies to provide workers compensation insurance for contractors, so imagine having a poll of over 2,500 Freelance Interpreters, how much money would you have to pay in order to be able to contract these interpreters... Alot of money of course, therefore why have a business if all of your profit is going to go directly to the State, Local or Federal agencies, for freelance interpreters that are trying to get the best of both worlds.