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Independent Contractor Checklist

EMPLOYEE OR INDEPENDENT CONTRACTOR?* YES
INDEPENDENT CONTRACTOR
NO
EMPLOYEE
1 Does the worker control the means and methods of how the work is done?
2 Does the hirer suggest but not order how the work is done?
3 Does either party have the right to terminate the relationship at will?
4 Does the worker offer services out to the general public?
5 Does the worker have a Federal Employment Identification Number?
6 Is the worker doing business as a Corporation?
7 Does the hirer provide no worker training?
8 Does the worker perform the task without supervision from the hirer?
9 Is the worker engaged in an activity requiring extensive skill, education or expertise?
10 Is routine or schedule established only by the worker?
11 Are no regular reports from the worker required?
12 Does the worker provide the instruments and tools?
13 Does the worker have a significant monetary or capital investment in the enterprise?
14 Does the worker advertise his services?
15 Does the worker own or rent office space away from home?
16 Is the job of relatively short duration?
17 Is the worker not paid by unit of time?
18 Does the worker carry his own insurance?
19 Does the worker have multiple sources of income other than the activity in question?
20 Does the worker have a risk of loss?

*Note: This is a guideline to Independent Contractor determination. Most agencies and courts typically look to the totality of the circumstances and balance the factors to determine whether a worker is an employee.

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Last Updated: 5/5/09