Employee or Independent Contractor?

It depends: the top 3 inherently gray areas of employment law – Lexology

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From Lexology — William A. Nolan identified three gray areas of employment law including:

Is a worker an independent contractor or an employee?

  • Is there any written agreement with the worker?
  • Are there are other workers performing the same or similar tasks, and are they considered employees or contractors?
  • How much direction is the worker receiving from the company on the details of performing tasks?
  • Does the worker provide services for other companies?
  • Is the worker full time or close to it for your company?
  • Does the worker provide any or all of the tools need to perform his/her work?
  • How long has the worker been working for your company?

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