Independent Contractor - Behavioral Control
Behavioral control refers to facts that show whether there is a
right to direct or control how the worker does the work. A worker is
an employee when the business has the right to direct and control
the worker. The business does not have to actually direct or control
the way the work is done – as long as the employer has the right to
direct and control the work.
The behavioral control factors fall into the categories of:
1. Type of instructions given
2. Degree of instruction
3. Evaluation systems
4. Training
5. Types of Instructions Given
An employee is generally subject to the business’s instructions
about when, where, and how to work. All of the following are
examples of types of instructions about how to do work.
1. When and where to do the work.
2. What tools or equipment to use.
3. What workers to hire or to assist with the work.
4. Where to purchase supplies and services.
5. What work must be performed by a specified individual.
5. What order or sequence to follow when performing the work.
6. Degree of Instruction
Degree of Instruction means that the more detailed the instructions,
the more control the business exercises over the worker. More
detailed instructions indicate that the worker is an employee. Less
detailed instructions reflects less control, indicating that the
worker is more likely an independent contractor.
Note: The amount of instruction needed varies among different jobs.
Even if no instructions are given, sufficient behavioral control may
exist if the employer has the right to control how the work results
are achieved. A business may lack the knowledge to instruct some
highly specialized professionals; in other cases, the task may
require little or no instruction. The key consideration is whether
the business has retained the right to control the details of a
worker's performance or instead has given up that right.
Evaluation System
If an evaluation system measures the details of how the work is
performed, then these factors would point to an employee.
If the evaluation system measures just the end result, then this can
point to either an independent contractor or an employee.
Training
If the business provides the worker with training on how to do the
job, this indicates that the business wants the job done in a
particular way. This is strong evidence that the worker is an
employee. Periodic or on-going training about procedures and methods
is even stronger evidence of an employer-employee relationship.
However, independent contractors ordinarily use their own methods.
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