Factors used to determine if a subcontractor is an independent contractor or an employee: The nature of the contract between the employer and the employee/contractor; The degree of control exercised by the employer as to the details of the work performed or the independence of the employee/contractor—ex. supervision, scheduling work hours, etc.; Whether the employee/contractor is engaged in an occupation or business that is distinct from that of the employer, and whether the employee/contractor carries on its occupation or business for others; Whether it is the custom of the local area where the work was done that the type of work is usually done under the supervision of the employer or by an unsupervised specialist; Whether the work performed required skill, and if so, to what extent—ex. licenses, special education required, etc.; Whether the employer or the employee/contractor supplies the instrumentalities, tools and the place of work for the person doing the work; The length of time employee/contractor was employed; The method of payment to the employee/contractor; Whether the work was part of the regular business of the employer—if so, the business may be “necessary and integral” and the employer would bear the risk of workers’ compensation liability; What the parties believed at the time they agreed on the work to be performed; and Whether either party had the right to terminate the relationship without liability to the other. These are the same factors used by the Workers’ Compensation Court in determining status of the worker. back to top