What is considered
when looking at the issue of ownership of tools?
The
ownership of tools test has a broad application. The word
tools can be interpreted to mean, for example, space, supplies,
materials, furnishings, phones, computers, and equipment.
In
general, a worker is more likely to be in an employment relationship
if s/he uses tools, space, supplies, materials, furnishings, and
equipment owned by the payer. If, on the other hand, the worker
owns or rents the tools, materials, and facilities s/he uses to
perform services, s/he is more likely to be an independent contractor.
Other aspects of this issue include who bears the cost of replacing
the tools and who retains the tools when the work is complete.
Some
employees such as mechanics customarily use their own hand tools.
The courts have recognized that some employers require employees
to provide their own tools and/or vehicles.
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 |
