Missouri Jury Instruction - 1.9.4.1 Employee Self-Employed Independent Contractor
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FAQ
Remuneration would be another factor to be considered in determining employee status. Generally, an employee would receive a fixed salary or fixed amount, paid on the same day each month or each week, irrespective of the employees output or level of competency.
California Law states that a worker may be considered an independent contractor if (1) the worker has the right to control the performance of services, (2) the result of the work is the primary factor bargained for, and not the means by which it is accomplished, (3) the worker has an independently established business, ...
Generally speaking, the difference between independent contractors and employees in California is whether or not the entity paying for services has the right to control or direct the manner and means of work (tending to signify an employment relationship.)
The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done.
Control: The main factor in classifying a worker as an independent worker versus an employee is the amount of control the employer has over the worker. The more control the employer has over the worker, the more likely they would be considered an employee.
An employee works for an employer who hires, supervises and pays workers. An independent contractor can hire, supervise and pay assistants under a contract that requires him or her to provide materials and labor and to be responsible only for the result.
Both the Borello test and the ABC test assume that the worker is an employee and the hiring entity must prove that the worker is an independent contractor.
The 20 factors used to evaluate right to control and the validity of independent contractor classifications include: Level of instruction. If the company directs when, where, and how work is done, this control indicates a possible employment relationship. Amount of training.