1. Behavioral: Does the company control or have the right to control what the worker does,
how the worker does his or her job and whether the worker can also perform services
2. Financial: Are the business aspects of the worker’s job controlled by the payer? (These include things like how worker is paid, whether expenses are reimbursed, who provides tools/supplies, etc.)
3. Type of Relationship: Are there written contracts? Will the relationship continue indefinitely and is the work performed a key aspect of the business?
Unfortunately, there is no set number of factors that brands a worker an employee or an independent contractor. The key is to look at the entire relationship and consider the many factors discussed in the three categories listed above….”
Read the full story at Independent Contractor vs. Employee
- Don’t Misclassify Workers as Independent Contractors – The National Law Review (natlawreview.com)
- Employee vs. Independent Contractor: What Employers Need to Know (legalzoom.com)