3 CCR 708-1-75.5 - Independently Established
To prove that a worker is engaged in an independently established trade, occupation, profession, or business, the following factors may be considered:
(A) Skills,
qualifications, and training required for the job;
(B) Method of payment, benefits, and tax
withholding;
(C) Right to negotiate
agreements with other workers;
(D)
Right to choose sales techniques or other business techniques;
(E) Right to determine hours;
(F) Existence of outside businesses or
occupations, whether incorporated or unincorporated;
(G) Special licensing or regulatory
requirements for performance of work;
(H) Whether the work is part of the alleged
employer's general business;
(I)
Nature and extent of the work;
(J)
Term and duration of the business relationship;
(K) Control of the business
premises;
(L) Authority to hire
subordinates;
(M) Ownership or
lease of major items of equipment;
(N) Liability for substantial unreimbursed
expenses;
(O) Liability to the
other party upon peremptory or unilateral termination of the business
relationship; and
(P) Other factors
that, viewed fairly in light of all the circumstances in a given case, may
indicate the existence or lack of an independently established trade,
occupation, profession or business.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.