What the rules are for having an independent contractor wear a uniform?

UPDATED: Sep 30, 2022

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What the rules are for having an independent contractor wear a uniform?

I understand that if they do then it increases the liability on the company. Can you charge an independent contractor a “marketing fee” for wearing your uniform? How does Lyft get away with giving all of its drivers the mustache? How does Lyft get away with avoiding the liabilities involved with giving their independent contractors company logos? I’d like to give my independent contractors the Option to wear company uniforms because it makes the customer feel more comfortable. But i’m not sure how. Perhaps charge them a fee?

Asked on February 13, 2016 under Employment Labor Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Having an independent contract wear a uniform or display a logo does not increase liability. The degree of liability the company experiences is based upon the 1) degree of control they exercies over the contractor (which, if sufficient, could make him/her an employee, not a contractor--and companies always have more exposure with employees); and 2) whether the company did anything, either carelessly (negligently) or deliberately which exposed the contractor or their customers to risk, or increased any injury or damage.

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