Do independent contractors have to fill out Form I-9 in Tennessee under TLEA?

No, independent contractors don’t have to fill out Form I-9 in Tennessee.

Form I-9

Form I-9 is used to verify the identity and employment eligibility of individuals hired to work in the US. Employers must complete and keep Form I-9 for all of their employees.

Federal Law for Independent Contractors

According to US Citizenship and Immigration Services, independent contractors aren’t considered employees and therefore aren’t required to fill out Form I-9.

Tennessee Law

The Tennessee Lawful Employment Act (TLEA) requires all employers with six or more employees to either use the E-Verify system (http://www.uscis.gov/e-verify) (a system to electronically verify an employee’s authorization to work in the United States), or provide one of [11 documents confirming an employee’s identity and work authorization.

TLEA and Independent Contractors

Under TLEA, non-employees,” including independent contractors, aren’t required to fill out Form I-9, but Tennessee employers do need to establish their work eligibility. Employers must obtain one of the 11 documents listed above and then keep that record for at least three years or one year after the contractor’s employment ends, whichever is later.

Final Tip

It’s always good to check current federal and state law to ensure all proper documentation is being filled out and retained as required.

Helpful Links:

Do I Need to Use Form I-9? – USCIS.gov

Tennessee Lawful Employment Act Provides Safe Harbor – TBA.org

Contractor or Employee? – zenefits.com – A test that helps you determine if a worker is an independent contractor or employee