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May 11, 2010
Common Law Test to Determine Independent Contractor Classification

In a BLR webinar entitled ‘Employee versus Independent Contractor: Where’s the Line? How to Make the Proper Call and Stay Out of Court’, Maria Anastas discusses different tests that can be used to determine independent contractor classifications. She provides information about the common law ‘right to control’ test and ten factors which are usually considered are presented below:

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  1. The extent of control which the firm exercises over the details of the work
  2. Whether or not the individual is engaged in a distinct occupation or business
  3. The kind of occupation, with reference to whether, in the locality, the work is usually done under the direction of an employer or by someone without a supervisor
  4. The level of skill required in the particular occupation
  5. Whether the firm or the individual supplies the tools and place of work
  6. The length of time for which the individual is engaged
  7. The method of payment, whether by the time or by the job
  8. Whether or not the work is part of the regular business of the firm
  9. Whether or not the parties believe they are creating an independent contractor relationship
  10. Whether the hiring entity is or is not in the business

Maria Anastas is a partner in the San Francisco office of law firm Ogletree, Deakins, Nash, Smoak & Stewart, PC ( ). She represents employers in labor and employment law matters exclusively, with a primary emphasis on traditional labor matters. She handles union organizing drives and corporate campaigns, collective bargaining and arbitration, and proceedings before the National Labor Relations Board (NLRB). She also devotes a substantial portion of her practice to providing employers with practical advice on a wide variety of employment law issues. She can be reached at

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