20-FACTOR COMMON LAW TEST FOR CLASSIFYING AN
INDIVIDUAL EMPLOYEE OR INDEPENDENT CONTRACTOR
     Individuals are generally employees if they:

Employee
Yes

Independent
Contractor
No

1 Must comply with employer’s instructions about the work    
2 May receive training from or at the direction of the employer    
3 Provide services that are integrated into the business    
4 Provide services that must be rendered personally    
5 Hire, supervise, and pay employees for the employer    
6 Have a continuing working relationshipwith the employer    
7 Must follow set hours of work.    
8 Work full-time for an employer    
9 Do their work on the employer's premises    
10 Must do their work in a sequence set by the employer    
11 Must submit regular reports to the employer    
12 Receive payments of regular amounts at set intervals    
13 Receive payments for business and/or travel expenses    
14 Rely on the employer to furnish tools and materials.    
15 Lack a major investment in facilities used to perform the service    
16 Cannot make a profit or suffer a loss from their services.    
17 Work for one employer at a time    
18 Do not offer their services to the general public    
19 Can be terminated by the employer    
20 May quit work at any time without incurring liability    

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
The Controllers Office web page can now be found at: www.usu.edu/controller
   
 
   
   
   
   
   
   
   
Controllers Office, Travel Office
Old Main Building, Room 26
2400 Old Main Hill, Logan, Utah 84322-2400
Tel. 435.797.1011
Fax 435.797.1077
Comments about this page can be made by e-mail to: steven.francom@usu.edu.
Page Last Updated:10 November 2005