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Factors that Government looks at in determining whether a worker is an independent contractor.

1. Whether the employer controls or directs the worker's work; 2. Whether the worker has an independently established business with regular clients; 3.Whether the worker is in an occupation or business distinct from that of the employer; 4.Whether the work is a part of the regular business of the employer; 5.Whether the employer supplied the worker with supplies, tools, and a place for the worker to perform the work; 6.Whether the worker made his or her own investment in the equipment or materials required to perform the work; 7.Whether the work performed requires a special skill; 8.Whether the type of work performed is usually done under the direction of an employer or by a specialist without supervision; 9.Whether the worker's managerial skill would impact his or her opportunity for profit or loss; 10.The length of time for which the work was to be performed for the alleged employer;

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Factors that Government looks at in determining whether a worker is an independent contractor.

11. The degree of permanence of the working relationship; 12.The method of payment, whether by time or by the job; 13.Whether or not the parties believe they are creating the relationship of employer and employee; 14. Whether worker is reimbursed for expenses; 15. Whether the worker is free to work elsewhere, advertises his or her services to others, maintains an office, etc.; and 16. Whether the employer provides the worker with employee-type benefits, such as: insurance, pension plan, vacation pay, or sick pay.