Check a representation that a worker is an independent contractor
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the words and the contract the lawyer supplies, set out what was represented, when, and to whom, and whether the file contains a Form 1099 or a contractor agreement and nothing further. Do not decide that the representation was wrong and do not rewrite the contract.
- What the lawyer must review
- You decide whether the representation matches the status under the Fair Labor Standards Act, and what follows. Nothing the tool writes goes into the contract or a letter. The Wage and Hour fact sheet says a worker may be an employee regardless of the title, that payment off the books or a Form 1099 does not make the worker an independent contractor, and that agreeing verbally or in writing to be an independent contractor, including by signing an agreement, does not decide the question. Status is the economic-reality inquiry on that fact sheet. Do not treat the representation itself as a separate federal offence. No federal section in the form of a sham-contracting provision was opened.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Trace every relied-on figure to its source, confirm dates and assumptions, and independently recalculate totals or derived amounts.
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.