Stop Worker Abuse Now!
 

Brought to you by the hard working families of the Carpenters' District Council of Kansas City and Vicinity

Q:  What is the difference between a legitimate independent contractor and an 'illegally misclassified' independent contractor?

    The differences are not always clear, but there are some common sense criteria that distinguish employees from legitimate independent contractors.  The IRS has a twenty factor test."

Here are the 20 factors in the simplified form:

1.  Is the worker supervised?

2.  Does the worker receive training?

3.  Does the worker work on a full-time basis for one employer?

4.  Does the worker work on the employer's premises?

5.  Is the worker paid a regular paycheck - hourly, weekly, etc.

6.  Does the employer pay the worker's expenses?

7.  Does the employer furnish the worker with tools?

8.  Does the employer have the right to fire the worker?

9.  Does the worker have the right to quit?

10.  Does the worker submit a regular work report?

11.  Does the worker receive a set wage, despite the profit or loss made by the employer?

12.  Is the worker told by the employer the order or sequence of work?

13.  Can the worker send someone else to do his/her job?

14.  Can the worker hire other assistants?

15.  Can the worker set his or her own hours?

16.  Does the worker work for more than one boss?

17.  Does the worker offer his or her services out to the public?

18.  If the worker does a bad job, does this directly affect the company who has hired him?

19.  Is there a significant investment in the facilities by the worker?

20.  Does the worker's relationship with their employer end when the job finishes?