Oregon Construction Contractors (CCB) Practice Test

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What criteria determine if a contractor is considered non-exempt?

  1. If they perform specialty trades

  2. If they have or intend to have employees

  3. If they operate without a license

  4. If they work on a freelance basis

The correct answer is: If they have or intend to have employees

A contractor is considered non-exempt primarily based on their relationship with employees. If a contractor has employees or intends to hire employees in the future, they are classified as non-exempt. This classification comes with certain legal obligations, including the requirement to comply with wage, labor, and safety regulations that apply to businesses with employees. In contrast, the other options do not directly influence the non-exempt status. Performing specialty trades alone does not determine exemption status, and neither does operating without a license, as there may still be contractors who relate with employees under those circumstances. Working on a freelance basis typically implies self-employment, where the absence of employees would generally classify a contractor as exempt. Thus, the presence or intention to hire employees is the key criterion that defines non-exempt status.