Twenty Factors to Determining if Someone is an Independent Contractor
Instructions Employees usually work under close supervision and are told when, where, and how to do their work. Independent contractors are given an assignment and left to accomplish it.
Training Employees are usually given special training by their employer. Independent contractors come to the job fully trained and ready to go.
Integration Employees usually do work that is an integral part of their employer's business. Independent contractors provide peripheral services.
Personal Service Employees usually do the work themselves. Independent contractors may send a substitute.
Hiring Assistants Employees are usually provided with assistants by their employers. Independent contractors hire assistants themselves.
Continuing Relationship Employees work for their employer on a regular basis, usually every business day. Independent contractors work at irregular intervals as there is work to do.
Hours of Work
Employees usually have set hours of work. Independent contractors control their own work time.
Full-time Work Employees usually work forty hours a week for their employer. Independent contractors usually work part-time.
Work Done on Premises
Employees usually work at their employer's place of business. Independent contractors may work anywhere, depending on what has to be done.
Order of Work Employees usually perform their work in the order set by their employer. Independent contractors control the order in which they do things.
Work Reports Employees usually submit regular reports to their employer. Independent contractors report on work progress as goals are met and when the job is finished.
Payment Employees are usually paid by the hour, week, or month. Independent contractors are paid by the job.
Expenses Employees usually have their business and travel expenses paid by their employer. Independent contractors pay their own expenses, although they may add them to their final bill for services.
Tools Employees usually have tools provided by their employer. Independent contractors provide their own tools.
Investment Employees usually do not invest in the business. Independent contractors have invested in their business.
Profit for Loss Employees usually receive wages whether or not the business is making money. Independent contractors can make a profit or loss depending on income and expenses.
Multiple Firms Serviced Employees usually work for only one company. Independent contractors provide services for several companies.
Available to Public Employees usually work for their employer rather than the general public. Independent contractors make their services available to the general public.
Right to Fire Employees can usually be fired at any time by their employer. Independent contractors usually work under a contract for a specific job.
Right to Quit Employees can usually quit at any time. Independent contractors usually work under a contract for a specific job and must finish that job or face legal liability for the failure to finish.