Business Manual logo

EMPLOYEE VERSUS INDEPENDENT CONTRACTOR

Disbursement Services Section (APY)

APPENDIX 5

Effective Date: 03/01/1998

Last Modified Date: 08/28/2003


Factors Employee Independent Contractor
Instructions Must comply with employer's instructions about when, where, and how to work Determines place and sequence of work
Training Trained by employer Train on their own
Integration Services are part of business Services may not be related to employer's business
Services rendered personally? Work done personally Others can do the work if contract is completed
Hiring assistants Has assistants hired by the employer Employs own assistants
Continuing relationship? Has continuous relationship with employer Works by the job
Hours of work Works hours set by employer Sets own work hours
Full-time work? Works full-time for one employer Works by the job
Location of work Work done on employer's premises or designated site Generally works off-site
Order or sequence set Must follow set order of work Can set own schedule
Reports Submits regular reports Files report when job ends; interim reports possible
Payments Paid by the hour or salary Paid by the job
Expenses Business and travel expenses paid by employer Pays own business and travel expenses; part of cost of job
Tools and materials Tools and equipment provided by employer Furnished own tools and equipment
Investment Has no investment in facilities used Has significant investment in facilities used
Profit or loss No profit or loss incurred Can make a profit or suffer a loss
Works for more than one person or firm? Works for one firm at a time Works for several companies at one time
Availability of services Services are not generally available Makes services available to general public
Right to fire Can be fired at any time Cannot be fired if results satisfy contract
Right to quit Can quit at any time without liability Must complete job according to contract

Return to Disbursement Services Section Contents

Return to Business Manual Table of Contents