Is an individual doing work for me an independent contractor or employee?
Several tests can be used to determine whether an individual qualifies as an independent contractor or employee for the purposes of state and federal laws. Fundamentally, all of these tests seek to answer the question, does the company control how the work will be performed (suggesting an employer-employee relationship) or does the company deal only with the results of this work (suggesting an independent contractor relationship)? Five of the most common tests are: IRS Factor Control Test (or 20 Factor Test): used in regard to IRS withholding, Immigration Economic Reality Test: used in regard to Fair Labor Standards Act, Workers’