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Common Law Test
Employee vs Independent Contractor
22
Accounting
Professional
07/24/2011

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Cards

Term
Employee
Definition
Required to comply with employer’s instructions about when, where, and how to work
Term
Employee
Definition
Works exclusively for the employer
Term
Employee
Definition
Hired by the employer
Term
Employee
Definition
Subject to dismissal; can quitwithout liability
Term
Employee
Definition
Has a continuing relationshipwith the employer
Term
Employee
Definition
Work done personally
Term
Employee
Definition
Performs services under the company’s name
Term
Employee
Definition
Paid a salary; reimbursed for expenses; participates incompany’s fringe benefits programs
Term
Employee
Definition
Furnished tools, equipment, materials, and training
Term
Employee
Definition
If an outside salesperson:company provides leads, sets terms and conditions of the sale, assigns a territory, and controls the sales process
Term
Employee
Definition
company provides leads, sets terms and conditions of the sale, assigns a territory, and controls the sales process
Term
Exempt Employees
Definition
are covered by FLSA minimum wage and overtime requirements.
Term
Independent Contractor
Definition
Sets own hours; determines own sequence of work
Term
Independent Contractor
Definition
Can work for multiple employers;services available to the public
Term
Independent Contractor
Definition
Is self-employed
Term
Independent Contractor
Definition
A contract governs how the relationship can be severed
Term
Independent Contractor
Definition
Works by the job
Term
Independent Contractor
Definition
Permitted to employ assistants
Term
Independent Contractor
Definition
Performs services under the worker’s business name
Term
Independent Contractor
Definition
Payment by the job; opportunity for profit and loss
Term
Independent Contractor
Definition
Furnishes own tools, equipment, and training; substantial investment by the worker
Term
Independent Contractor
Definition
Controls the sales process and terms
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