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DWD Worker Classification
Civil Rights - Worker Classification
Eleven Additional Factors
After determining if the employer has the "right to control" the means and manner of the worker's performance, eleven other factors must be considered before a final determination can be made as to whether the worker is an employee or a non employee. These eleven addition factors are commonly known as the "economic realities test." The eleven factors were developed by the court in the Spirides case to determine if a worker is economically dependent on the employer.
The right to control test is not separate from the economic realities test. The entirety of the circumstances regarding the relationship between the worker and the employer must be considered before determining if the worker is an employee or a non employee.
- Factor One: The kind of occupation, with reference to whether the work usually is done under the direction of a supervisor or is done by a specialist without supervision
- Factor Two: The skill required in the particular occupation
- Factor Three: Whether the "employer" or the individual in question furnishes the equipment used and the place of work.
- Factor Four: The length of time during which the individual has worked
- Factor Five: The method of payment, whether by time or by the job.
- Factor Six: The manner in which the work relationship is terminated: i.e. by one or both parties, with or without notice and explanation.
- Factor Seven: Whether annual leave is afforded.
- Factor Eight: Whether the work is an integral part of the business of the employer.
- Factor Nine: Whether the worker accumulates retirement benefits.
- Factor Ten: Whether the "employer" pays social security taxes.
- Factor Eleven: The intention of the parties.
The department has provided the following tools for each of the eleven factors to assist with the analysis of each of the factors:
- An explanation of each of the eleven factors
- Case studies from LIRC and state and federal courts