- The skill required
- The source of the instrumentalities and tools involved
- The location of the work
- The duration of the relationship between the parties
- Whether the hiring party has the right to assign additional projects to the hired party
- The extent of the hired party’s discretion over when and how long to work
- The method of payment
- The hired party’s role in hiring and paying assistants
- Whether the work is part of the regular business of the hiring party
- Whether the hiring party is in business
- The provision of employee benefits
- The tax treatment of the hired party
Factors such as the existence of a formal independent contractor agreement or the worker’s licensure by the state or local government are not typical determining elements.
Speak To An Employment Law Attorney
In order to determine whether an individual is an employee or an independent contractor, the relationship between the worker and the business must be examined. The degree of control the business has over the worker should be weighed against the degree of independence the worker has from the business. If you have questions about whether your relationship involves independent contractor or employee status, contact the Law Offices of Louis D. Stober, Jr., L.L.C., in Mineola, New York, today to schedule a consultation with an employment lawyer. Please call 877-791-8076 or complete our contact form. We can help.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.