How can I know if I am (or my worker is) an employee or
an independent contractor? What are the common law tests?
Common
law tests developed by the courts and various tribunals determine
who is an employee and who is an independent contractor.
In
general, the tests look at these five factors:
- control
- ownership
of tools
- chance
of profit/risk of loss
- integration
- payment
None
of these factors is determinative on its own. You need to look at
the whole picture.
WARNING:
The contents of these FAQs are intended as general legal information
only.
If
you have a personal problem, please consult a lawyer.
May
2008 |
