What Does the Department of Labor Consider in its Review?
In determining the status of workers who apply for Independent Contractor verification, the Department of Labor will apply the “Common Law” test. The test contains twenty factors that have been developed based on an examination of cases and rulings considering whether an individual is an employee. There is no certain number of the twenty points of the Common Law test that must be met in order to qualify as an independent contractor, and the degree of importance of each factor varies depending on the occupation and factual context in which the services are performed. A list of the twenty factors can be found below.
