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Policy Updates

RCUH HR INFORMATION ONLY: RCUH Policy 3.225 Employee/Independent Contractor Review: Policy & Form Updates

February 23, 2023

In an effort to streamline the RCUH HR Employee/Independent Contractor Review process, new procedures and forms are being implemented to empower our research projects to use their discretion to determine if their engagement falls under one of the defined Non-Employee Designations. Although the RCUH Human Resources Department still handles reviews, if your engagement fits one of the Non-Employee designations, no RCUH HR Review is necessary! Introducing NEW Form: Attestation of Exception to RCUH HR EIC Review (Form ICQ-01) (no RCUH HR Review needed) When to use: If the Principal Investigator can attest to the nature and scope of the engagement and apply it to one of the Non-Employee designations as defined below (see Policy 3.225 for explanations of Non-Employee designations).  The completed and signed form should be attached to payment documents as needed. Non-Employee: Guest Speaker Non-Employee: Non-Compensated Project Support (previously Master EIC) Non-Employee: Off-Duty Special Duty Police (previously Master EIC) Non-Employee: Research Study Participant (previously Master EIC) Non-Employee: Independent Contractor – One-Time/Short-Term Engagement Updated Form: Independent Contractor Questionnaire (ICQ-02): Request for RCUH HR Review When to use: If the project determines that none of the defined Non-Employee categories are appropriate for their engagement. Completed forms should be submitted to RCUH Human Resources (via RCUH HR Portal eUpload or email to: [email protected]) along with the required supporting documentation no less than 7-10 business days prior to the start of the engagement: Hawaii General Excise Tax: Proof of Account (ONLY for individuals completing work in Hawaii) Proof of business (i.e. website, CV, etc.): Documentation to prove the individual is set up to provide specialized services Scope of Services: Outlining deliverables (OPTIONAL – but highly recommended) Once the RCUH ICQ-02 Form is submitted, RCUH HR will complete the review within five (5) business days and provide the project with a final determination of one of the following: Employee Independent Contractor Non-Employee/Other This determination should be uploaded with the applicable purchase order or payment document. Legacy forms/memo requests will still be accepted during this transition period until further notice. RCUH HR will not provide retroactive determinations. RCUH Documents and Forms: Policy 3.225 RCUH Employee Independent Contractor Review Document Library: Human Resources: Employee/Independent Contractor (EIC) Attestation of Exception to EIC Review (No RCUH HR Review needed) – Form ICQ-01 Independent Contractor Questionnaire (ICQ): Request for RCUH HR Review – Form ICQ-02 References: IRS: Independent Contractor (Self-Employed) or Employee? Department of Labor: Misclassification of Employees as Independent Contractors  Please contact Tana Staub at (808) 956-7055 or Email: [email protected] with any questions or concerns regarding the RCUH Employee/Independent Contractor Review Policy 3.225 or procedures.

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