Worker Classification Disclosure
This pack contains 18 working-draft legal documents. None of them have been reviewed by Texas counsel or counsel licensed in any other jurisdiction. They are a starting point for a real attorney engagement, not a finished publication. Brackets [highlight] indicate custom options to finalize.
1. SiteFlows as a Software Tool
SiteFlows provides software that allows an Operator to dispatch a Job, to lock pay at acceptance, to record time and GPS, to receive Proof of Work, and to resolve disputes. SiteFlows does not:
- Employ Workers
- Set Worker pay rates
- Require any Worker to accept any Job
- Require Workers to use SiteFlows exclusively
- Set Worker hours, schedules, or work locations
- Direct or supervise the manner of work performance
- Provide tools, materials, supplies, or transportation for the Worker
- Train Workers in the trade or craft they perform.
2. Operator Responsibilities
Each Operator is solely responsible for:
- Determining whether a Worker is an employee, independent contractor, or other classification under applicable federal, state, and local law
- Complying with wage-and-hour law (FLSA and state equivalents), tax-withholding obligations, workers' compensation, unemployment insurance, and benefits as required
- Maintaining its own insurance for Worker-related claims
- Issuing tax forms (W-2, 1099-NEC, or local equivalent) as required by law
- Complying with anti-discrimination, leave, and other employment laws applicable to Workers if they are employees.
3. Common Classification Tests
Whether a Worker is an employee or independent contractor depends on tests including:
- Federal: Federal: The FLSA "economic realities" test (control, opportunity for profit/loss, investment, special skills, permanence, integration)
- California, Massachusetts, New Jersey: California, Massachusetts, New Jersey: The strict ABC test (independent of hiring entity, outside its usual course of business, customarily engaged in independent trade)
- Other states: Other states: Variations of the common-law right-to-control test or the IRS 20-factor test.
The use of SiteFlows by an Operator is not determinative of classification. Software-mediated tracking and pay does not, by itself, create an employment relationship.
4. Locked Pay Mechanism
Locked Pay is a contractual amount agreed between an Operator and a Worker before work begins, recorded by the Service. It does not represent a wage paid by SiteFlows. SiteFlows is not a party to the underlying engagement. Whether Locked Pay represents wages, contractor fees, or another category is determined by the Operator's classification.
5. Free Worker App
Workers using the standalone Worker App to record their own jobs (including jobs sourced outside the SiteFlows ecosystem) are using the App for their own record-keeping purposes. SiteFlows does not engage these Workers, does not source Jobs for them, and does not receive any portion of their compensation.
6. Operator Indemnification
SiteFlows does not operate as an employment agency, staffing service, professional employer organization (PEO), or worker leasing service. SiteFlows does not match Workers to Operators or recommend Workers for Jobs.
7. Worker Recourse Options
Workers who believe they have been misclassified should consult an attorney or contact the U.S. Department of Labor or their state labor commissioner. SiteFlows is not in a position to advise on classification disputes between a Worker and an Operator.
9. Updates
This disclosure may be updated as worker-classification law evolves. Material changes will be notified by email and via in-Service notification.