What Are The Criteria To Be Considered An Independent Contractor?

The Unemployment Compensation Law defines employment as any service performed under any expressed or implied contract of hire creating the employer and employee relationship. To be considered an independent contractor, an individual must meet all three of the following tests:

    He must be free from control and direction in connection with the performance of the service, both under his contract of hire and in fact; and his service is performed either: outside the usual course of business of the employer or outside of all the employer's places of business; and the individual must be customarily engaged in an independently established trade, occupation, profession or business of the same nature as the service performed.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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