Courts use not only the economic realities test, but also a common law test and a hybrid test (combining elements of the other tests) to determine employee status. The common law test considers the following factors: • The hiring party’s right to control the manner and means by which the work is done. • The level of skill required. • Source of necessary tools and materials. • Where the work is done. • The duration of the relationship. • 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. • Whether benefits of any kind are provided to the hired party. • The tax treatment of the hired party.
Posted on: Sun, 29 Sep 2013 15:57:10 +0000
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