Page 6 - Misclassification of Independent Contractors Booklet
P. 6
II. Practical Steps to Determine an Employment Relationship
A. Principal Test of Control
The extent to which a putative employer has the ability to control how the worker accomplishes their work, even if not exercised, is very important to determine whether that worker is an employee or an independent contractor. Therefore, would-be employers should take precautions to avoid demonstrating the ability to control workers.
AVOID:
• Setting hours of work
• Uniforms
• Identification badges
• Decals/logos
• Employment policies and procedures
• Discipline
• Standard Operating Procedures (SOPs) • Dictating the place of work
• Monitoring worker location
• Providing benefits
• Requirements to request leave/vacation • Staff meetings
• Training
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