What is OOTB’s Worker Defense File?
Imagine this: You get a notice from an attorney. A freelancer is suing your business for misclassification. Suddenly, you're scrambling.
Which department hired them?
Was there any formal documentation validating that they were cleared to work as an independent contractor?
Is there a signed contract on file?
Do they have valid insurance and is it on file?
Was their business status verified and legit?
The answers live in a tangle of spreadsheets, emails, and third-party platforms... and nobody knows where to start! There is no centralized documentation, which means you don't have the necessary evidence to defend yourself.
This is where OOTB comes in.
When we set out to reimagine freelancer compliance for the creative space with our Independent Contractor Vetting service, we knew our clients needed real protection, backed by real documentation.
Introducing the Worker Defense File
The risks of misclassification are high.
OOTB's Worker Defense File is a centralized compliance record that we create for every freelancer we vet. In the event of any classification challenges or lawsuits, it provides your team with a clear and powerful line of defense, backed by thorough documentation.
What's Inside a Worker Defense File?
Work Dates, Roles, and Rates: Documentation of every engagement, with clear role descriptions and defined rates.
Independent Contractor Agreements: Contracts that are compliant with the CA FWPA and NY FWA.
Business Verification: Proof of legal business status (LLC, EIN, licenses, etc.)
Classification Survey: A completed assessment aligned with state and federal standards, including the ABC and Borello tests.
Insurance Certificates: COIs with verified coverage, limits, and endorsements.
Ongoing Monitoring: For recurring workers, we re-verify their business status and insurance and issue updated contracts as needed.
OOTB's Worker Defense File Gives You:
Centralized proof of proper classification.
Legal documentation for audits or claims.
A scalable system that evolves with your business.
Why It Matters
Misclassification doesn't just put your legal team at risk. It creates exposure across HR, Finance, and Operations. If you pay contingent workers through third-party vendors, you may still be liable if you are in a co-employment state like California.
Additional Compliance Resources:
Learn about worker classification in California
Read our article about the risks of misclassification in creative production.