This is a guideline to Independent Contractor determination. Most agencies and courts typically look to the totality of the circumstances and balance the factors to determine whether a worker is an employee. An independent contractor would answer yes to all the following questions.
- Does the worker control the means and methods of how the work is done?
- Does the hirer suggest but not order how the work is done?
- Does either party have the right to terminate the relationship at will?
- Does the worker offer services out to the general public?
- Does the worker have a Federal Employment Identification Number?
- Is the worker doing business as a Corporation?
- Does the hirer provide no worker training?
- Does the worker perform the task without supervision from the hirer?
- Is the worker engaged in an activity requiring extensive skill, education or expertise?
- Is routine or schedule established only by the worker?
- Are no regular reports from the worker required?
- Does the worker provide the instruments and tools?
- Does the worker have a significant monetary or capital investment in the enterprise?
- Does the worker advertise his services?
- Does the worker own or rent office space away from home?
- Is the job of relatively short duration?
- Is the worker not paid by unit of time?
- Does the worker carry his own insurance?
- Does the worker have multiple sources of income other than the activity in question?
- Does the worker have a risk of loss?
