Identify at least six factors a court will consider in determining whether a person acting for another is an employee or an independent contractor

Answer 1

Courts will consider: (a) the extent of control which, by the agreement, the one who hired the work may exercise over the details of the work; (b) whether the one employed is engaged in a distinct occupation; (c) the kind of occupation, with reference to whether the work is usually done under the direction of the employer or by a specialist without supervision; (d) the skill required in the particular occupation; (e) whether the employer or worker supplies the tools and place of work; (f) the length of time involved; (g) the method of payment (by the time or the job); (h) whether the work is a part of the regular business of the employer; (i) whether the parties believe they are creating an employment relationship; and (j) whether the principal is or is not in business.