Most State Labor Departments have written criteria to determine if someone is a contractor or an employee, and they should be specifically checked; however, here are some of the more significant indications that an individual is an employee and not an independent contractor:
- They have their own federal employer identification number.
- They have control over the performance of their work.
- They have control over the time their work is performed.
- They are not required to work exclusively for one employer.
