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Summary of Factors
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Employee vs. Independent Contractor Status:
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- Instructions-Direction and Control. Employees generally follow instructions about when, where, and how work is to be performed; contractors establish their own hours and have no instructions regarding how the job should be completed.
- Training. Employees typically receive training via classes and meetings regarding how services are to be performed; contractors generally establish their own procedures and receive no training.
- Services rendered personally. Services are typically performed personally by the employee; contractors may utilize others to perform job tasks and duties.
- Supervision. Most employees are supervised by a foreman or representative of the employer; contractors generally are not.
- Set hours of work. An employee's hours and days are set by the employer; contractors dictate their own time and are often retained to complete one particular job.
- Full time required. An employee typically works for only one employer; contractors may have several jobs or work for others at the same time.
- Work on premises. Employers work on the premises of an employer or on a route or site designated by the employer; contractors typically work from their own premises and pay rent for their own premises.
- Manner of payment. Employees are generally paid in regular amounts at stated intervals; contractors are paid upon the completion of the job or project, in a lump sum or other arrangement, such as on a commission basis.
- Furnishing of tools and materials.Employees are usually furnished tools and materials by employers; contractors typically furnish and pay for their own tools, materials, and expenses.
- Profit.Employees generally receive no direct profit or loss from work performed, while contractors do.
- Job security.Employees may be discharged or quit at any time without incurring liability; contractors are typically discharged after a job is completed and are legally obligated to complete a particular job to avoid liability.
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