How do I determine if someone is an independent contractor or an employee?

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.

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