The answer probably will not surprise you. The reality is it depends! There are at least three different guides: EEOC, IRS, and the Supreme Court.
Some indicators that a worker is an employee rather than an independent contractor include…
- The work does not require a high level of skill or expertise.
- The agency or employer, not the worker, furnishes the tools, materials, and equipment.
- The work is performed on the premises of the agency or employer.
- The worker only works for the employer and no other companies.
- The agency or employer has the right to assign additional projects to the worker.
- The agency or employer sets the hours of work and the length of the job.
- The worker is paid by the hour, week, or month instead of a set fee for performing a particular job.
- The worker has no role in hiring and paying assistants.
- The work is part of the regular business of the employer.
- The worker does not have a distinct occupation, business or insurance of his or her own.
- The agency or employer provides the worker with benefits such as insurance, leave, or workers’ compensation.
- The worker and either the agency or employer believe they are creating an employer/employee relationship.